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Two Men Arrested in Michigan for Human Trafficking
23 May 2005
On 15 February, Immigration and Customs Enforcement agents arrested two men for subjecting four Ukranian women to forced labor. Officials suspect that two of the women were recruited to be waitresses, but upon arrival last May were forced to perform as exotic dancers at the Michigan strip club. The other two women were strippers in the Ukraine and were brought to the US with their husbands in September.
Two men, one a US citizen and one a citizen of Lithuania, were arrested for forcing the women "to work 12 hours per day, six days a week to pay off $12,000 in travel expenses and another $10,000 for identification documentation. The men took all of the money the women were paid by customers of the club as payment for these “expenses.” The women were driven to and from work at the "Cheetah's" strip club. They were not given a telephone and they were allegedly "intimidated, hit and threatened with death." The two that arrived in September "had not seen or spoken to their husbands since."
Compiled from: "ICE Nabs Two Michigan Men for Human Trafficking Scam." Inside ICE: Volume 2, Issue 5. (last modified 2/28/05)
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Mongolia Hosts Meeting on Forced Labor
24 May 2005
The Government of Mongolia and the International Labor Organization (ILO) have organized a meeting in Ulaanbaatar to address the effects of forced labor and to develop methods to speed up efforts to eradicate the practice.
Representatives from 10 Asian Countries, including Cambodia, Japan, China, South Koreao, Laos, Malaysia, Mongolia, Singapore, Vietnam and Thailand, will meet at the Chinggis Hotel on 25-26 May 2005. Each country will either highlight one aspect of a program for which they would like support from other countries, or choose a program for which they will offer support. The meeting will provide encouragement, for countries who have not yet done so, to ratify the ILO Convention on Forced Labour and the Abolition of Forced Labour Convention.
Compiled from: "Meeting on Forced Labor to be held in Ulaanbaatar." The UBPost. 19 May 2005.
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Pervasive Domestic Abuse in Turkey
24 May 2005
Turkey has engaged in extensive judicial and legislative reform efforts in the way of human rights in order to achieve full membership in the EU, but women's rights continue to lag behind. An Amnesty International report recently indicated that "up to half of all Turkish women may have been victims of family violence." Tradition and the conservative nature of the ruling party has prevented positive change.
The government continues to allow virginity testing to determine if a women has lost her virginity, and thereby damaged the honor of the family. In extreme cases, women are killed to protect the honor of the family. One 24 year old woman was killed in 2003, presumably for disgracing the family by getting pregnant, after failed attempts to obtain police protection.
Women's rights issues are brought forth by many advocates in various forums. Women's rights groups have made attempts to classify honor killings as aggravated homicide. A parliamentary committee proposed an amendment to the constitution calling for affirmative action in government hiring and elections. Both attempts failed. Other advocates are calling for monitoring by the EU.
Legislation that does exist in Turkey is ineffective. Because there is little protection for them, women are often unwilling to report the abuse. Police are sometimes unwilling to investigate or prosecute cases that are reported. In addition, many officials who deal with victims of domestic abuse are not properly trained. So, the victims have nowhere to turn. Women's advocates indicate that there is a "dire lack of shelters for abused and threatened women in Turkey, which has eight shelters and a population of 65 million. Sweden, by contrast, with a population of 8 million, has more than 120 shelters." The victims of this abuse need laws to protect them, public officials who will enforce the laws and resources for healing and recovery.
Compiled from: "Turkey Doing Little to Protect Women's Lives." Schleifer, Yigal. Womens eNews. 24 May 2005
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Women Have Surgery to Avoid Honor Killings
25 May 2005
Gynecologists and plastic surgeons report that an increasing number of women are seeking out hymenoplasty, a surgery to repair a broken hymen. Doctors often perform the surgery at night and women give false names, arrive in disguise and pay in cash to ensure secrecy that will save the woman's life. The surgery is performed for various reasons on women, including many who are undergoing the surgery to stay alive. Many of these women live in the United States, but they have the surgery before returning to their home country to get married.
A virginity test is often conducted on women who are engaged to be married. A woman, who is not a virgin, can be in danger of being killed by family members in an attempt to restore the family's honor. Hymenoplasty reestablishes the appearance of virginity, thereby preventing family violence that may otherwise result. However, having the surgery, if discovered, also puts the woman's life in jeopardy. Doctors who advertise the procedure are receiving death threats but they continue to offer the surgery to save the lives of these women.
Compiled from: Kobrin, Sandy. "Restoring Virginity Becomes Risky Business." Womens eNews. 22 May 2005
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Committee on Economic, Social and Cultural Rights Completes Concluding Comments for Serbia and Montenegro
25 May 2005
On 2 and 3 May 2005, Serbia and Montenegro presented its initial report on the implementation of the International Covenent on Economic, Social and Cultural Rights. The concluding observations on the report were adopted by the Committee on 13 May 2005. In the concluding comments, the Committee noted the lack of representation of women in parliament, as well as the absence of a gender equality law. The comments indicated concern for the high incidence of domestic violence, reportedly due to the psychological effects of high unemployment, as well as an increase in trafficking in women for sexual exploitation and forced labor.
The Committee recommended the establishment of an office for gender equality. To combat trafficking, the Committee encouraged Serbia and Montenegro to take steps to enforce the recently enacted legislation by prosecuting those who violate the law. They are urged to provide training for public officials and protection and support for victims. A National Action Plan on trafficking should be adopted.
The physical and sexual violence experienced by women as a result of armed conflict also needs to be addressed. The committee requested information about the number of victims of such violence and encouraged the state party to provide information about mental health services and offer appropriate counselling services.
Compiled from: "Concluding Observations of the Committee on Economic, Social and Cultural Rights: Serbia and Montenegro." United Nations Economic and Social Council, Committee on Economic, Social and Cultural Rights, E/C.12/1/Add.108. 13 May 2005
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Women Speak Out about Domestic Violence on Turkish Talk Shows
25 May 2005
Turkish women have been using daytime talk shows as an outlet to voice their personal stories of domestic violence. However, last week, one woman who had appeared on the show to tell her story, was shot and nearly killed by her son, who claimed that she had brought dishonor to the family. In response to this shooting and an earlier shooting related to a similar show, there is debate about the value of the programs. The two most popular shows have been taken off of the air in fear that it will foster additional violence. Others continue to run.
Turkey does not prosecute abusers, does not provide protection for such abuse and offers little support for victims. Domestic violence in Turkey was "a topic that was once strictly kept within household walls." Some claim the shows were exploiting the emotional stories of the women, rather than helping them. Others claim that the programs provided a forum to show women that they are not alone in their suffering and encourage the search for a solution to the problem.
Compiled from: Schliefer, Yigal. "On Turkish TV, Women Face Life and Death." Women's eNews. 24 May 2005
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Uzbekistan: Andijon Events Seen Through Women's Eyes
25 May 2005
Women in Central Asia are hard-hit by joblessness and tend to dominate the shuttle trading that many destitute families depend on for a living. Women also make up a large part of the civic society that provides for the elderly, homeless, and orphans. The women who assembled in the eastern Uzbek city of Andijon on 13 May to participate in mass demonstrations believed that they would be able to safely and peacefully voice their concerns. But they were seriously mistaken -- because the government opened fire. RFE/RL correspondents spoke to some of the Uzbek women who fled to a refugee camp that was set up in nearby Kyrgyzstan to house those who escaped the violence in Andijon.
It is a common belief in Central Asia that societal respect for women generally exempts them from harassment from police -- at border checkpoints, in markets, and even during protests.
Gulnoza, an Uzbek woman who is now living in a makeshift camp in Kyrgyzstan's Jalal-Abad Province, describes the mindset of the women who took to the streets of Andijon on 13 May:
"We went to demonstrate because [the authorities] have raised the fees for gas and electricity, and to demand increase in pensions and salaries a bit," she said. "We demonstrated to demand a dignified life. My husband has been in Russia for two years. I have a child. I myself was sick and recovered recently. I went to the district committee to ask for help. They did not give me even one som [Uzbek currency]. A child until the age of 16 is entitled to a mere 3,300 soms [about $4]. They did not pay social benefits, they did not even lower the fees for gas at least for 50 percent. I haven't heard from my husband in two years. We went to protest because life has become unbearable."
But what had been intended to be a peaceful protest against worsening living conditions soon transformed into what is now often referred to by Uzbeks as "Bloody Friday."
"Women who gave birth to five, eight children will never lie," one Uzbek woman said. "Nobody [from the authorities] came [to speak to demonstrators]. There was [only] the prosecutor of Andijon and a representative of the SNB [National Security Service] who spoke to us. [Then] they started shooting at the unarmed women who were sitting around the square."
An estimated 3,000 people fled the violence in Andijon by foot -- seeking refuge about 40 kilometers away in neighboring Kyrgyzstan.
A camp was set up to provide shelter for the more than 500 who safely made it across the border to Kyrgyzstan. There they were provided blankets, food, and electricity. Around 20 people were hospitalized with injuries they sustained in the violence.
Ten children and 82 women were among the refugees at the camp. An RFE/RL correspondent spoke to some of them to hear their harrowing accounts of how the events of 13 May unfolded.
"We came to demonstrate and to stay there if necessary for one month, one week, or 10 days," one woman said. "We women, children, had no weapons. We did not think they would shoot at women.
"We went out because of difficulties. [When they started shooting] without warning, we dropped on the ground covering our kids with our bodies."
"We went [to the demonstration in Andijon] while sacrificing our lives for our rights," another woman said. "Blood flowed like a river."
Umidakhan, a midwife from Andijon, described the scene: "It was so horrible that our own soldiers opened fire on us. [They were shooting] at women, their own mothers and grandmothers. We escaped into Kyrgyzstan while bullets were raining down on us."
There are reports saying that some refugees were targeted by Uzbek soldiers near the border. This is how refugee women described how they reached Kyrgyz territory: "[In Andijon] there were corpses lying all around us. Women around us were killed. In the evening women left [the town] on foot. [It was raining, so] our shoes sank in the mud. We left at 5 p.m., we arrived in Jalal-Abad [in Kyrgyzstan] early in the morning."
"My husband, five children, my parents and brothers are left behind in Andijon. Others, girls, all women [are here]. Thank you.
"Thank God, we made it here," a refugee named Tursunai said.
"After crossing the border we hesitated, not knowing whether to return or come here. We did not know how Kyrgyzstan would receive us. We came here by foot," a refugee named Mahfuza said.
But their fears were unfounded, and they are now thankful for the sanctuary they were provided by the Kyrgyz state. Mahfuza described their reception in Kyrgyzstan: "Very good. When we saw [the Kyrgyz] soldiers, we thought they might shoot at us as well. We kept wondering about what to do next. [We said to ourselves]: 'Let us women not die under fire here.' So we dragged on. [But] we were received very well. Thank you!"
The women are grateful for the help they have received, but long for their homeland. Under current circumstances though, they fear that it would be unsafe to return home. "Our aim is to return to our homeland, if there is peace," one woman said. "But there is no peace there. It is dangerous to go back. How do we return if they are shooting [at us]?!"
Many are concerned that if the situation in Uzbekistan continues to worsen, Kyrgyzstan might be flooded with refugees.
Kyrgyz Ombudsman Tursunbai Bakir-uulu said this week that as many as 1 million Uzbeks could attempt to flee to Kyrgyzstan. Such a situation would greatly affect the Kyrgyz economy unless international organizations step in to help alleviate the burden.
By yesterday, local doctors were warning that unsanitary conditions could lead to a spread of infectious diseases at the camp, where water and hygienic items for women are in short supply.
Published in: Chytyrbaeva, Janyl. Uzbekistan: Andijon Events Seen through Women's Eyes. Radio Free Europe/Radio Liberty 20 May 2005.
Copyright (c) 2004. FRE/RL, Inc. Reprinted with the permission of Radio Free Europe/Radio Liberty, 1201 Connecticut Ave., N.W. Washington DC 20036. www.rferl.org.
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Bosnia and Herzegovina Passes New Law on Protection from Domestic Violence
On 29 March 2005, Bosnia and Herzegovina President Niko Lozancic signed Decree No. 01-109/05 proclaiming the Law on Protection from Domestic Violence. The law defines domestic violence as "any act of inflicting physical, psychological, sexual or economic harm or suffering, as well as threats as regards to aforementioned, and lack of due care and attention which may seriously impede family members from enjoying their rights and freedoms in all areas of public and private life which are based on equality" (Art. 6). Article 6 also lists several acts that constitute domestic violence, such as the use of physical force or psychological coercion; acts that result in physical, psychological or monetary damage; certain forms of intimidation; verbal attacks; stalking; sexual harassment (as defined in the Gender Equality Act of Bosnia and Herzegovina); the destruction of joint property, and; a failure by other family members to protect the victim under specified circumstances. Part IV provides for several protective measures, including removal from and a prohibition against return to the dwelling; a restraining order; protection of the victim of domestic violence; prohibition against harassment and stalking, and; psycho-social treatment and rehabilitation for the offender. Violation of this law is considered a misdemeanor, and anyone who violates a prescribed protective measure may be fined KM 2,000 to 10,000 (Art. 21). An "official person" who fails to report an act of domestic violence as outlined in Article 6(2) may be fined or face a minimum prison sentence of fifty days.
The law is to enter into force upon publication in the Official Gazette of the Federation of Bosnia and Herzegovina and will be enforced six months after such entry into force (Art. 22).
Check back soon for comments on the new law by The Advocates for Human Rights.
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Committee Against Torture Issues Conclusions on Albania Report
The Committee Against Torture considered the report of Albania at two of its meetings held on 10 and 11 May 2005 and later adopted conclusions and recommendations. In addition to concerns about the way in which Albania handles the existence of torture, the Committee expressed concern about the "prevalence of violence against women and girls, including sexual and domestic violence, and the reluctance on the part of the authorities to, inter alia, adopt legislative and other measures to counter this phenomenon." In response, the committee recommends that Albania establish a plan to combat violence against women and ensure adequate investigation into allegations of violence and prosecution of offenders.
Compiled from: "Conclusions and Recommendations of the Committee Against Torture: Albania." Committee Against Torture. (CAT/CO/34/ALB) May 2005.
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Communication is Limited after Protest in Uzbekistan Leads to a Violent Confrontation
Andijan, located in the poverty stricken Ferghana Valley in Uzbekistan, recently experienced a dramatic upsurge of violence. Demonstrators gathered in the town center during the week of 9 May 2005 to protest the arrest of 23 Muslim business men who they claimed were wrongly detained for having ties to radical Islamic groups. Nine people were killed when these demonstrators stormed a police station and a military barrack to gather weapons. The demonstrators then freed the business men, along with hundreds of other inmates. The day after the prisoners were released thousands gathered in the town center for another protest. Government forces fired upon the demonstrators.
There are differing claims about the particular details of the confrontation. The government, under the leadership of President Islam Karimov, claims that its actions were justified because the violence was initiated by extremist Islamic groups, with support from international terrorist organizations. Reporters, human rights activists, NGO’s and those who participated in the protest explain that the demonstrators were protesting the poor economic conditions and the repressive practices of Karimov’s regime, nothing regarding religion. The government released a statement indicating that 169 people were killed during an exchange of gunfire between government forces and the rebel group that had taken over a government building. An opposition group and various human rights organizations estimate that the number of people killed is actually over 700.
The violent events have placed the government on guard. Karimov has rejected calls for an international investigation into the incident and has effectively shut down virtually all communication from the area. Journalists based in Uzbekistan were told that their security cannot be guaranteed if they remain in the country. Many have left. NGO’s and human rights activists have been silenced as well. Out of fear for their personal safety, human rights activists and organizations have stopped working, gone into hiding or left the country. The Uzbeki government is keeping tight control over the media. Local Uzbeks have access to limited information. All television newscasts from outside of the country have been cut off. Internet communication is limited. Those who have sought information about what happened have been deterred or arrested. Some have been killed. Police are attempting to round up all men who are connected to those who organized the protests. Many who do know what happened in the town center on 13 May 2005 are scared to speak.
Over 1500 Uzbeks have sought refuge in neighboring Kyrgyzstan. About one-third, including 53 women and 21 children, are living in tents set up near the border by Kyrgyz authorities. International organizations are providing relief, but the Krygyz provisional government has indicated intent to comply with the Uzbek government’s request for the return of the refugees. There is fear in the region and in the international community that the unrest in Andijan will spread to nearby countries if something is not done soon.
Journalists and activists indicate that based on past performance and the government’s present policy it is unlikely that the current government will find a solution. Karimov is reportedly in poor health and the recent violent developments have intensified the view that Karimov must be ousted from power. Over the last two decades, Uzbekistan has experienced the formation and growth of radical Islamic groups, which may affect the power structure of country going forward. There are democratically-oriented groups in the country, but reports indicate that they are fragmented and are unlikely to be able to provide a leader should Karimov fall. Eurasia Insight identifies three main candidates who are ready to take on the leadership role, the secret police chief Rustam Inoyatov, the Interior Minister Zakir Almatov, and the presidential advisor Ismail Jurabekov. “All these figures are considered even more ruthless and dangerous than Karimov.”
Compiled from:
• Darya, Kara. “Uzbeks Assail Government’s Crackdown.” The New York Times. 26 May 2005.
• Saidazimova, Gulnoza. “Uzbekistan: Spontaneous Popular Uprising in Andijan or Terrorist-led Upheaval?” Radio Free Europe/Radio Liberty. 25 May 2005
• Norton, Jenny. “After the Violence, fear in Andijan.” BBC News. 24 May 2005
• “Displaced Uzbeks in Kyrgyzstan Face Difficult Living Conditions.” Eurasianet.org. 18 May 2005.
• Kimmage, Daniel. “Uzbekistan: What Really Happened on Bloody Friday?” Radio Free Europe/Radio Liberty. 17 May 2005
• Rashid, Ahmed. “Uzbekistan: On the Slippery Slope.” Eurasianet.org. 17 May 2005
• Baigin, Shamil. “Uzbek Troops Open Fire in Protest Town.” Reuters. 13 May 2005
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OSCE Holds Conference on Trafficking in Belgrade
26 May 2005
A conference was held in Belgrade on 26 May 2005 as part of an effort to advocate for the rights of trafficking victims in the broader goal to combat trafficking. It "brought together more than 100 governmental and non-governmental anti-trafficking practitioners and experts from many OSCE participating States." The OSCE Special Representative on Combatting Trafficking in Human Beings indicated that progress has been made, but that there has been little success in ending the practice. She called on countries to reevaluate the strategies being used to address the problem. Countries used the conference to exchange best-practices and to discuss various mehods of victim identification.
The Head of the OSCE Mission commended the efforts and progress of Serbia and Montenegro for "establishing a legal framework for the effective combating of this particular form of organized crime." Serbia has taken steps to train their police force and has established an office to identify victims, address their needs and provide assistance. It has created a model for other countries to follow.
Compiled from: "New Mechanisms for Combatting Human Trafficking in Human Beings Needed, says OSCE Special Representative." OSCE. 26 May 2005.
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29 June 2005
On 23 June 2005, a United States court sentenced Lee Soo-Kil to forty years in prison, the harshest sentence yet imposed in a human trafficking case.
Lee owned the Daewoosa garment factory in American Samoa, where more than 200 people from China and Vietnam were held as forced laborers. According to a U.S. Department of Justice Press Release, "The workers were recruited from China and from state-owned labor export companies in Vietnam. They paid fees of approximately $5,000 to $8,000 to gain employment at the Daewoosa factory and risked retaliation and punishment at home if deported back to their native lands.
"Lee and his henchmen preyed on this vulnerability, and subjected the laborers to poor conditions and minimal pay." Workers who complained were silenced "using arrests, deportations, food deprivation and brutal physical beatings." (cited from: U.S. Department of Justice, Press Release #335, 23 June 2005)
Two co-conspirators were previously convicted and sentenced to 70 months and 51 months.
Compiled from: "Garment Factory Owner Sentenced to 40 Years for Human Trafficking," U.S. Department of Justice Press Release #335, 23 June 2005, http://www.usdoj.gov/opa/pr/2005/June/05_crt_335.htm
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27 June 2005
On 27 June 2005, the United States’ Supreme Court issued its opinion in Town of Castle Rock v. Gonzales. Jessica Gonzales sued the town of Castle Rock alleging that she had a property right to have a restraining order enforced and that Castle Rock’s failure to enforce it was an actionable deprivation. The Fourteenth Amendment to the United States Constitution provides that a State shall not “deprive any person of life, liberty, or property, without due process of law.” “The deprivation of any rights, privileges, or immunities secured by the Constitution and laws” is a basis for a cause of action in United States Federal Court. 14 U.S.C. §1983. The Court held, in a 7-2 opinion, that there is no property right to enforcement of a restraining order under the United States Constitution.
In May 1999, in the course of divorce proceedings, a Colorado state trial court issued a temporary restraining order to Jessica Gonzales. The restraining order barred her ex-husband, Simon Gonzales, from contacting her, her children, or coming within 100 feet of her house, due to domestic violence. In June 1999 the order was made permanent. The order was modified to allow Simon Gonzales contact with the children on a limited schedule. On 22 June 1999, at around 5:30PM, Simon Gonzales kidnapped the three children from their front yard, in violation of the visitation schedule. Jessica Gonzales called the police. When the police arrived at her house, Ms Gonzales showed them a copy of the restraining order and asked that they retrieve her children. The restraining order included the following language:
“IMPORTANT NOTICES FOR RESTRAINED PARTIES AND LAW ENFORCEMENT OFFICIALS.” The preprinted text on the back of the form included the following “WARNING”:
“A KNOWING VIOLATION OF A RESTRAINING ORDER IS A CRIME . . . . A VIOLATION WILL ALSO CONSTITUTE CONTEMPT OF COURT. YOU MAY BE ARRESTED WITHOUT NOTICE IF A LAW ENFORCEMENT OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT YOU HAVE KNOWINGLY VIOLATED THIS ORDER.”
The preprinted text on the back of the form also included a
“NOTICE TO LAW ENFORCEMENT OFFICIALS,”
which read in part:
“YOU SHALL USE EVERY REASONABLE MEANS TO ENFORCE THIS RESTRAINING ORDER. YOU SHALL ARREST, OR, IF AN ARREST WOULD BE IMPRACTICAL UNDER THE CIRCUMSTANCES, SEEK A WARRANT FOR THE ARREST OF THE RESTRAINED PERSON WHEN YOU HAVE INFORMATION AMOUNTING TO PROBABLE CAUSE THAT THE RESTRAINED PERSON HAS VIOLATED OR ATTEMPTED TO VIOLATE ANY PROVISION OF THIS ORDER AND THE RESTRAINED PERSON HAS BEEN PROPERLY SERVED WITH A COPY OF THIS ORDER OR HAS RECEIVED ACTUAL NOTICE OF THE EXISTENCE OF THIS ORDER.”
The officers refused to enforce the order, telling Ms. Gonzales that there was nothing they could do and that she should call the police again at 10PM if the children had not been returned. At approximately 8:30PM, Ms. Gonzales spoke to her ex-husband and learned that he and the children were at a local amusement park. Ms. Gonzales called the police with the location of her children and asked again that the order be enforced. The officer refused and told her to call back at 10PM. At 10PM, Ms. Gonzales was instructed by police to wait until midnight. At midnight she called again and went to her ex-husband’s apartment. She was told to wait there for an officer to arrive. When no officer arrived, Ms. Gonzales went to the police department and filed a report. The officer on duty made no efforts to assist Ms. Gonzales and went to dinner. At 3:20AM, Simon Gonzales arrived at the police station. He fired a gun at the police station and was killed in an exchange with officers. After his death, police found the bodies of the three murdered children in his truck.
Ms. Gonzales sued the town of Castle Rock for failure to enforce the restraining order. The district court dismissed the matter. On appeal, The 10th Circuit Court of Appeals reversed the district court’s dismissal and held that Ms. Gonzales had a claim of a violation of her procedural due process rights and that the case should be decided on the merits. The Court of Appeals held that the Colorado law under which the restraining order was issued mandated police enforcement and that Ms. Gonzales had a protected property interest in the enforcement of her restraining order. The town appealed to the United States Supreme Court.
The United States Supreme Court found that Ms. Gonzales’ claim failed on two counts. First that, although the restraining order conferred a benefit on Ms. Gonzales, not all benefits are property interests. In order to have a property interest in a benefit, a person must have a legitimate claim to enforcement of it. The Court of Appeals had found that the “Colorado Legislature [had a] clear intent ‘to alter the fact that the police were not enforcing domestic abuse retraining orders,’ and thus [intended] ‘that the recipient of a domestic abuse restraining order have an entitlement to its enforcement.’” 545 U.S. ____ (2005). Despite a history of deferring to courts in the state when interpreting state law, the Supreme Court overruled the Court of Appeals and found that there was no entitlement to enforcement. The Supreme Court found that although the statute set forth a mandatory arrest policy, the provision did not truly make enforcement of the restraining orders mandatory. The Court noted that “[a] well established tradition of police discretion has long coexisted with apparently mandatory arrest statutes.” 545 U.S. ____ (2005). Secondly, the Court held that even if Colorado law created an entitlement to enforcement, Ms. Gonzales would still not have had a property interest. The Court found that the right to enforcement is not a property right under the Due Process Clause of the Constitution because it does not have an ascertainable monetary value. The Court found that monetary value is a required element of an enforceable property right.
Justice Stevens, writing for the dissent, argued that the restraining order did grant Ms Gonzales an “entitlement to mandatory individual protection by the local police force” and that the entitlement qualified as an enforceable property right. Justice Stevens compared a court ordered restraining order to a contract with a private security firm. Had Ms. Gonzales contracted with a private firm for personal security she would have had a clear property interest.
Justice Stevens found that the Court gave “short shrift to the unique case of ‘mandatory arrest’ statutes in the domestic violence context.” Justice Stevens addressed the issue that mandatory arrest policies and restraining orders in domestic violence cases have been a part of a national movement on addressing domestic violence and on countering “the perception by police departments and police officers that domestic violence was a private, ‘family’ matter and that arrest was to be used as a last resort.” “The purpose of these statutes was precisely to ‘counter police resistance to arrests in domestic violence cases by removing or restricting police officer discretion; mandatory arrest policies would increase police response and reduce batterer recidivism.’” Justice Stevens argued that even if the mandatory language in the restraining order left the police some discretion on how to proceed, “the police were required to provide enforcement; they lacked the discretion to do nothing.”
The Court did not address the issue in terms of international standards or the Government’s obligations under international law, despite having received an amici brief on the issue. The Court did not make any attempt to reconcile its ruling with the fact that the United States has signed and ratified the International Covenant on Civil and Political rights which provides that victims of Human Rights violations, including domestic violence, have the right to have effective and adequate remedy determined and to enforcement of any remedy granted.
The Court’s decision was met by disappointment by domestic violence advocates. "Jessica Gonzales did everything right. She divorced her violent ex-husband. She recognized the threat and sought help from courts and police. When her children were in danger, she begged for help, even going to the police station to plead her case. But the police let her down and her three daughters died as a result. This is a sad day and a giant step backward for a nation that had been making progress in stopping domestic violence and helping victims," said Esta Soler, Family Violence Prevention Fund President.
Ms Gonzales also expressed disappointment in the Court’s ruling and stated: "I will continue to raise awareness around this issue so that my daughters will not have died in vain. We need to put pressure on our elected officials to pass laws that offer real protection to women and their families."
Justice Scalia, writing for the Court, indicated that although Federal law did not create liability for failure to enforce restraining orders, states are free to do so in their own statutory schemes. "The Supreme Court’s ruling makes it clear that state legislatures must take the lead in protecting victims of domestic violence and pass laws that will hold police accountable for taking protection orders seriously," said Lenora Lapidus, Director of the ACLU Women’s Rights Project.
Montana and Tennessee are two examples of states that hold police accountable. In Montana, the state Supreme Court has found that state laws enacted to protect victims of domestic violence create a special duty of police officers to enforce the laws or be liable for failure to do so. Massee v. Thompson, 90 P.3d 394, 403 (Mont. 2004) In Tennessee, the state Supreme Court has found that an order for protection creates a special duty of police officers to enforce the order. The Court found that if an officer negligently fails to enforce an order for protection and the victim suffers personal or property damage the officer, the police department and the local government are subject to liability. Matthews v. Pickett County, 01S01-9801-FD-00005 (Tenn. 1999).
In light of the Court’s ruling, mandatory arrest language is not enough to hold police officers liable for enforcement. As laws providing orders for protection for victims of domestic violence are drafted or amended, provisions explicitly creating a special duty of enforcement and liability for failure to enforce will need to be included.
Compiled From: Town of Castle Rock v. Gonzales 545 U.S. ______ (2005); Civil Liberties Group Calls on States to Take Lead in Protecting Victims of Domestic Violence ACLU (27 June 2005) Gonzales Ruling a “Serious Blow” to Victims of Violence Who Need Police Protection Family Violence Prevention Fund (27 June 2005); Massee v. Thompson, 90 P.3d 394 (Mont. 2004); Matthews v. Pickett County No. 01S01-9801-FD-00005 (Tenn. 1999).
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27 June 2005
The Sheila Wellstone Institute has released a toolkit designed to help organize efforts to reauthorize the United States' Violence Against Women Act (VAWA) in 2005.
The toolkit includes background information, instructions for forming grassroots organizations, and how-to guides for taking effective action. While it is specifically oriented for action in support of VAWA reauthorization, the toolkit's resources are applicable for other grassroots advocacy.
Passed in 1994 and reenacted in 2000, VAWA has aimed to aid responses from communities and the criminal justice system to victims of domestic violence, stalking, sexual assault, and other forms of violence against women. VAWA 2005 seeks to continue and broaden these efforts. Information on VAWA 2005 can be found here.
Compiled from: The Sheila Wellstone Institute, "The Violence Against Women Act 2005 Grassroots Organizing Toolkit," 7 June 2005, http://www.wellstone.org/stream_document.aspx?rID=5649&catID=3800&itemID=5648&typeID=8
National Task Force to End Sexual and Domestic Violence Against Women, "Violence Against Women Act Reauthorization," http://www.vawa2005.org/
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20 June 2005
In the southern region of Kazakstan, women are facing an increasing amount of violence. In 2004, there were more than 1,500 reported complaints of violence against women, many of which were categorizes as a domestic dispute. In one-third of the cases, police refused to charge the perpetrator. This is the first year that a penalty is available for domestic violence. In cases for which charges are issued, the penalty is either 15 days in jail or a fine of up to 745USD. Judges indicate a preference for the fine due to the high costs that are incurred from jailing someone.
Meanwhile, women are left without support. Nearly half of all women living in rural Kazakstan are repeatedly abused by their spouses or boyfriends. Many suffer in silence, afraid of societal perceptions or due to family pressure, but also because they have nowhere to turn. One woman spoke about the difficulty in leaving her battering husband. With six children and her husband as the sole breadwinner, she felt that she was unable to leave him. There are currently no free shelters that would provide victims with food, temporary housing and psychological counseling. Law enforcement officials indicate that they are doing what they can to prevent the abuse by putting psychological pressure on the batterers with regular visits to their homes. Meanwhile, advocates are awaiting the passage of a new draft law that will provide more protection for victims.
Compiled from: Baituova, Gaziza, "Little Support for Kazak Wives," institute for war and peace reporting, 16 June 2005.
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20 June 2005
A Women's Counseling Center will open on Tuesday, 21 June 2005 in the town of Kukes in northern Albania. The Center, the first in the area, was established by The Organization for Security and Co-operation in Europe (OSCE) Presence in Albania with financial support from the German Embassy in Albania.
According to an OSCE press release, the Center aims "to support fair and equal treatment of women through psychological encouragement, counselling, mediation, legal advice, representation at court, public awareness and training" and to provide immediate assistance to victims of domestic violence. In addition to helping victims of violence against women, the Center will act as a resource for contacts among advocates and women's NGOs in the area.
Ambassador Pavel Vacek, the head of the Albanian OSCE Presence, will officially open the Center. The opening will begin at 2 p.m. at the location of the Women's Counseling Center, Ish-Shkolla e Muzikes, Kukes; the media are invited to attend.
Cited in: "Head of OSCE Presence in Albania to open Women's Counselling Centre in Kukes," OSCE, http://www.osce.org/item/15237.html, 20 June 2005.
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16 June 2005
Recognizing the hidden nature of domestic violence, Kaiser Permanente National California, a national health maintenance organization, has instigated a more comprehensive approach to screening patients for domestic abuse. In November of 2001, Cassandra Floyd, an OB/Gyn at a Kaiser Permanente hospital was shot and killed by her former husband. The tragic death of the prominent doctor shocked the medical community and reinforced Kaiser’s determination to lead the way in diagnosing patients with domestic violence.
Kaiser Permanete hospitals screen for domestic violence not only in the emergency room but also during routine exams. This approach involves questioning patients about their home-life, and takes note of a patient’s health. People in abusive relationships are 60% more likely to suffer from neurological, gynecological and stress-related problems. Symptoms characteristic of domestic violence include headaches, anxiety, depression, and chronic abdominal pain. Other symptoms include failing to get children vaccinated on time or missing appointments. “We’re identifying the situation before people come in with a broken bone or a black eye,” said Dr. Brigid McCaw, a leader of the Family Violence Prevention Program at Kaiser Permanente. One Kaiser Psychologist, a domestic violence survivor herself, recalls, "I became very ill during my marriage, with chronic insomnia, night sweats, arrhythmia and I developed positive markers for lupus." Her physician urged her to seek help, worried that either her husband, or the stress, would eventually kill her.
As a health plan, medical center, pharmacy and outpatient clinic, Kaiser can connect patients diagnosed with domestic violence with a network of services. Heavily involved in the community, Kaiser routinely refers patients to mental health counselors, shelters and food banks. Hoping to raise awareness, Kaiser has also created a traveling exhibit called “Silent Witness” which relates the stories of employees who are survivors of domestic violence.
According to the Family Violence Prevention Fund, thirty-seven percent of women who sought treatment in emergency rooms for violence-related injuries in 1994 were injured by a current or former spouse/intimate partner. One-in-three women are assaulted by a domestic partner at some point in their life.
This year, in renewing the Violence Against Women Act, (VAWA 2), the United States Congress has introduced a bipartisan bill to improve domestic abuse screening by health professionals. Following Kaiser’s example, this bill would fund training and education, while encouraging partnerships between health care providers and community services.
Compiled from: “Hospital Program Identifies More Domestic Violence,” Rebecca Vesely, WeNews, 13 June 2005.
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16 June 2005
Prague court has sent a foreign national to 12 years in jail for robbing and raping a number of women. Thirty year old Marius Dragan was found guilty of several counts of rape, assault and theft in the months between March and June of last year. His victims were so badly beaten they had to be hospitalized and women living in Prague's Jizny Mesto, lived in fear of being attacked. The police only managed to capture Dragan when they used a police woman as a decoy.
Published in: "12 Year Jail Sentence for Assault and Rape," Radio Prague, 15 June 2005.
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14 June 2005
By Gulnoza Saidazimova
Turkmen women and men used to be the most expensive brides and grooms in the world. That was until President Saparmurat Niyazov scrapped a rule forcing foreigners to pay an "insurance deposit" of $50,000 to marry a citizen of Turkmenistan. This week, he issued a new decree he said was aimed at protecting Turkmens married to foreigners. But neither change is likely to mean much to the foreigners who marry Turkmens the most -- people living in the border regions of Uzbekistan. For them, legal matrimony remains as difficult as ever.
Kumush Narziyeva is a Turkmen citizen who has lived in the Uzbek town of Talimarjon since the summer of 2002. That was when she and her Uzbek fiance eloped to Uzbekistan, illegally crossing the border and having a nikah, or Islamic marriage, in Talimarjon.
"I eloped with my husband because I loved him. Our parents didn't like that, they didn't speak to us for 2 1/2 years.
The dowry is a very complicated matter in Turkmenistan. Some men earn money, others don't. They can't pay the dowry, and so they kidnap Turkmen [girls]," Narziyeva said.
According to the Turkmen laws at the time, Narziyeva's fiance would have had to pay at least $50,000 to receive official permission to marry her. He would have also had to own a house in Turkmenistan and live in the country for at least a year before being allowed to wed.
President Niyazov, issuing the decree in June 2001, said it would protect women from being tricked into abusive relationships, and that the money would be used to provide for children in case of divorce.
The terms were high even for prospective Western grooms. For the Turkmens and Uzbeks living in the border area of neighboring Uzbekistan, they were impossible. People in the region have traditionally had intercultural marriages. But with an average monthly salary of just $20-30, there was no way they could afford the $50,000 fee.
After the requirement was introduced, many Turkmen women eloped or were "voluntarily kidnapped" by Uzbek men.
Independent observers said the move made Turkmenistan even more isolated.
But it's recently gotten cheaper to marry a Turkmen citizen. The $50,000 requirement was scrapped in March. The obligation to own a house was also dropped.
Another change came last week, when Niyazov -- who likes to be referred to as Turkmenbashi, or "Father of All Turkmen" -- issued a new decree.
This one requires Turkmen citizens and their prospective foreign spouses to sign a contract determining how their property will be divided in case of divorce. As with the previous decree, his aim, Turkmenbashi said, was to protect Turkmens from unscrupulous spouses.
Niyazov's new decree was announced on national television on 9 June.
"In order to protect the rights of Turkmen citizens who intend to marry a foreign citizen or person with no citizenship, President Niyazov has signed a decree. Attached to this official document is a sample of an approved marriage contract," the male broadcaster said.
Now, as before, a foreigner wishing to marry a Turkmen citizen must live in Turkmenistan for at least a year before the wedding. There is also a mandatory three-month engagement period following the formal submission of the marriage application.
But observers still see the recent changes as a sign of progress.
Tajigul Begmedova, head of the Turkmen Helsinki Foundation for Human Rights, said the move is progressive compared to the former $50,000 fee. She spoke to RFE/RL from the Bulgarian city of Varna.
"Such a decision should have been made at the very beginning of independence when authorities, as they say, started creating a secular state. If they had done it then, we could have avoided so many tragedies and violations of human rights involving people who married foreigners. The abolition of the fee -- or qalin, as Turkmen say -- wasn't a result of government will. It came under pressure from the international community," Begmedova said.
Does the new move make it easier for foreigners to marry Turkmens?
One Uzbek woman, who asked to be called Nasiba, said her son had been unable to marry his girlfriend of four years because of the $50,000 requirement. But even now, she said, it is still difficult and expensive to marry a woman from Turkmenistan.
"We are going to kidnap her. There is no other way. We will have to cross the border. We'll put money in soldiers'
pockets and overcome other obstacles," Nasiba said.
Even without the official fee, Turkmen women remain expensive brides. The tradition of qalin, or dowry, is so entrenched in society it remained common practice even during the Soviet era.
And it isn't cheap. For qalin, parents usually ask prospective husbands for 36 sheep, 36 dresses or their equivalent in fabric, at least four boxes of vodka, and $600.
That is why Nasiba's son, and others like him, turn to voluntary kidnapping as a last resort.
But difficulties will remain even for those couples who manage to marry.
Kumush, who eloped three years ago with her Uzbek groom, cannot hold Uzbek citizenship because her marriage was not officially registered. She is also without a residence permit, since she crossed the border illegally, without obtaining an Uzbek visa. Her children do not even have birth certificates. (Muhammad Tahir of RFE/RL's Turkmen Service contributed to this report, which was originally published on 10 June 2005.)
Copyright (c) 2005. RFE/RL, Inc. Reprinted with the permission of Radio Free Europe/Radio Liberty, 1201 Connecticut Ave., N.W. Washington DC 20036. www.rferl.org
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13 June 2005
Contributed by Liliya Sazonova, National VAW Monitor for Bulgaria
A "Public Observations in the Court to Monitor Cases Involving Domestic Violence" Project is being carried out by the Association Demetra in Burgas. The Court in Burgas is cooperating with the project which has assistance from the Open Society Institute. The ambition of the organized court monitoring program is to achieve a constant change in the justice system as well as to support equality between women and men in compliance with the European Union standards. The objectives of the project are to investigate the problems in the justice system and to make recommendations assisting its work with victims of domestic violence as well as to raise community awareness about the issue of domestic violence.
Association Demetra sends trained volunteers into the courtrooms in the Regional Court in Burgas with the aim to monitor and document statements, behavior, and attitudes in cases involving domestic violence. The 10 volunteers either graduated Law this year or are last year students in Law at the Free University in Burgas. They have red clipboards and badges indicating their names and that they are volunteers. Their mission is to provide a public presence in the courtroom and note objectively observable behaviors by justice system personnel. The volunteers all participated in a two day training on the principals and logistics of monitoring court cases involving violence against women led by The Advocates Women’s Project Director Cheryl Thomas, Marna Anderson, Director of WATCH, and Judge Kathryn L. Quaintance, Hennepin County District Court Judge, in Sofia in November 2004. The training was part of the Open Society Institute’s project to establish a court monitoring program in Bulgaria. The training provided by The Advocates was followed by additional local training.
Within the project’s framework a pilot newsletter called Public Observer informing on the monitoring process in the courtrooms has been issued. This method of empowering civil society to monitor the work of the justice system is new for the Bulgarian settings and is after the long-lasting and successful experience of two International non-governmental organizations - The Advocates for Human Rights and Watch.
Volunteer’s reflections on their work are published in the newsletter. Plamena who has observed 6 cases involving domestic violence discusses that people in Bulgaria decide to submit a request to the Court only as a last resort and in dead-locked situations. In this line of reasoning, Maya Vurbanova comments that victims usually prefer to undertake divorce proceedings instead of bringing a charge against the perpetrators. However, the divorce does not always eliminate the physical and psychological harassment. For instance, Maya monitored a case where a couple got divorced in 2003 but the perpetrator forced the victim to continue living with him in the same home and he treated her even worse after they broke up. Maria Gudzheva points out that in most of the cases women who are victims of domestic violence decide to divorce long after they have been physically, psychically, and morally exhausted and humiliated. She considers that the reasons for their passive behavior are a result either from their ignorance about the opportunities they have, or from their fear of the perpetrators, from their shame to make their case public, or just because they have no other choice.
The first step of the Demetra's court monitoring strategy refers to the provision of a consistent public presence in the courtroom realized by the volunteers who observe and collect data on cases involving domestic violence. This public presence in the courtroom holds the system accountable for its actions and reminds to the advocates, prosecutors, judges, legislators, etc. that the public is interested and informed on what is going on there. The next phase is to undertake further investigation and research into these cases and to analyze the existing problems, if any. After completing the reports of this research, Association Demetra disseminates them to criminal justice personnel, upon request. The court-monitoring organization’s staff makes the results from the observation public through the media and through periodic newsletters in order to inform society and to make the Court procedures more visible. Association Demetra puts the accent on violence against children and women cases because they have not been seriously taken into account by the Courts in Bulgaria in the past years. By the monitoring programs the organization aims to increase public intolerance against the perpetrators of this kind of crimes, to make the justice system more effective and responsive in handling cases of violence and thus to promote a safer world for the victims of violence and just remedy for the perpetrators.
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7 June 2005
Jennifer Bier, a rape counselor in Colorado Springs, has refused to disclose records of her therapy sessions with a client, a former Air Force Academy cadet who accused 2nd Lt. Joseph Harding of sexual assault in 2002. On May 28th, 2005, the Military Court issued a warrant for her arrest to force Bier to appear before the court martial in Texas. Bier has filed for a temporary restraining order and is appealing the military judge's decision in federal circuit court.
In 1999 Former U.S. President Clinton created the Military Rules of Evidence 513, (MRE), which established a therapist-client privilege for the military to protect the “confidential communications of victims and witnesses to psychotherapists” in UCMJ proceedings. The only applicable exception to the privilege is “when admission or disclosure is constitutionally required.”
Defense attorneys argue Harding has a constitution right to a fair trial that includes the “right to information that may clear him” of the charges. However, federal case law concerning MRE 513 suggests that defendants should not have access to privileged files based on vague claims that the files contain potentially useful information.
Yet, the Military Judge requested the subpoena to review the materials and determine whether they contain anything pertinent to the defense, and if not, the documents would be returned to Bier and withheld from public disclosure. Under U.S. case law, a Court is entitled to conduct an in-camera review of psychiatric records to determine the potential relevance and applicability of the documents and weigh these against the victim’s privacy rights for discovery.
Bier worries that if she complies with the subpoena, she will discourage rape victims in the military from seeking counseling and treatment. Bier is willing to face jail in order to protect her client’s privacy, aware that the defense may be attempting to secure the documents simply to intimidate her client or to portray Brakey as mentally unstable. The Supreme Court earlier declared it unconstitutional to force a counselor to produce a patient’s records in federal cases, recognizing that such documents have often been used to place the rape-victim on trial.
In response to this case members of Congress are urging Secretary of Defense Donald Rumsfeld to strengthen military rules safeguarding the therapist-patient privilege for service members who are raped.
Compiled from: Pam, Subek, “Rape counselor’s arrest ordered” The Gazette 28 May 2005; The Associated Press, “Rape Counselor Fights Warrant over Opening Cadet’s File” June 5, 2005; Miles Moffeit, Denver Post. “Colorado Therapist enlists lawyer in AFA case.” 5 April 2005; Jag Central, June 2, 2005; Stacy Flippin, “Military Rule of Evidence 513: a shield to protect communications of victims and witnesses to psychotherapists,” Army Lawyer Sept. 2003
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7 June 2005
In March 2005, the U.S. Supreme Court heard oral arguments in the domestic violence case of Castle Rock v. Gonzalez. The case was filed by a mother claiming that the death of her three daughters resulted from the failure of police to enforce a restraining order against her husband. In 1999, despite the restraining order, the father of the three girls kidnapped them from their front yard. Ms. Gonzalez made many attempts to get her restraining order enforced by the police, but to no avail. Her husband killed the three girls that night, and subsequently was killed himself in a shootout with police.
International legal scholars and various women's civil rights and human rights organizations joined together to file an amici curiae brief with the Supreme Court. In their brief, they base the right for police protection on Customary International Law and International Human Rights Law, arguing that it is strong persuasive authority and should be used to interpret the U.S. Constitution, upon which Ms. Gonzalez has based her claim. The brief cites other cases in which the U.S. Supreme Court has indicated that International Law constitutes persuasive authority and proceeds by emphasizing that the right of women to protection from violence has become a Customary Norm of International Law. In addition, the brief points out the fact that the United States has signed and ratified the International Covenant on Civil and Political rights which obligates member states to protect women and children from domestic violence. It further explains how other International Human Rights Law and various other multilateral treaties and regional organizations give women the right to be free from violence and cites decisions from around the world that protect women from domestic violence.
Numerous different groups in the United States and abroad are awaiting the decision of the Supreme Court, expected in July. The finding will greatly affect many women.
Compiled from: Rosenberg, Debra. "A Matter of Restraint." Newsweek. 19 March 2005.
Castle Rock v. Gonzales Brief of International Legal Scholars and Women's, Civil Rights and Human Rights Organizations as Amici Curiae in Support of Respondents (pdf, 48 pages).
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6 June 2005
New York has implemented a new approach to handling domestic violence cases in an effort to simplify the legal hurdles that face the families and victims of domestic abuse.
This new policy, which assigns one judge to each family, is expected to shift the balance of power away from the abuser and address concerns that victims often choose to drop charges and remain with a violent spouse rather than attempt to navigate a complex legal system. Often, domestic violence cases involve multiple proceedings in both criminal and civil court, including custody battles and divorce proceedings, facing multiple lawyers, judges and varying rules of evidence. By establishing the Integrated Domestic Violence Court, New York hopes to provide families an opportunity to "resolve numerous disputes in one place."
Some worry that, under the new system, a Judge may lose impartiality by specializing in domestic violence, or will choose to “bargain away criminal penalties for cooperation on the civil issues” from an abusive spouse. However, proponents note that a Judge’s greater familiarity with a particular case’s history will discourage leniency for repeat offenders and will increase compliance with court orders. In counties where offenders are less likely to encounter the same judge, the percentage of repeat domestic violence offences is typically around 20%. This year, in Erie County, New York, under the integrated system the percentage of repeat offences dropped to only 10%.
Beginning in 2001 in only three counties, the integrated approach is expected to become a state wide policy by the end of 2006 – making New York the first and only state in the United States to adopt a statewide integrated approach.
Compiled from: Terzieff, Juliette. "New York Courts Untangle Domestic Violence." Womens eNews. 06 June 2005.
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6 June 2005
Azerbaijani girls living in Georgia are being forced to marry at an early age. While Georgian law allows a fourteen year old to marry with parental permission, many Azerbaijani parents are marrying off their daughters before they turn 14. Some are married as early as age 11 and have multiple children before they turn 15. Azerbaijanis are one of the largest ethnic minorities in Georgia and this traditional practice is taking place in many Azerbaijani villages, sometimes in spite of the wishes of the girl to continue her schooling. In the province of Kvemo Kartli, the villages are predominantly Azerbaijani and the tradition has flourished. As a result of the practice, there are very few girls who attend school after the "eighth form" at the age of 13. Once they have a good command of the Georgian language and the parents decide they are ready, a rose silk scarf is hung outside the gate, indicating that a girl within is ready to be married.
Compiled from: Alieva, Ramilya. "Georgia: Sad Plight of Underage Brides," 2 June 2005.
6 June 2005
News Release Issued by the International Secretariat of Amnesty International
3 June 2005
Russian Federation: Nizhnii Novgorod Society for Human Rights ordered to halt activities
AI Index: EUR 46/022/2005
The well-respected Russian human rights NGO, the Nizhnii Novgorod Society for Human Rights, today reportedly learned of an official decision to suspend their organization’s activities. According to Victor Gurskii, chairman of the organization and also a professional doctor, at 10am local time two representatives from the registration chamber of the Ministry of Justice burst into Victor Gurskii’s consultation room while he was receiving patients, disrupting the consultation. Reportedly, the representatives brought into the room two people they found on the street outside, who were not sober at the time, to serve as witnesses. According to Victor Gurskii, the representatives told him that there had been a decision to suspend the work of the organization, and attempted to hand him a copy of the decision. Viktor Gurskii told Amnesty International that he refused to accept the document while he was consulting patients and requested them to come back another time.
Amnesty International is very concerned at this latest incident in a worrying trend of Russian authorities putting pressure on human rights defenders and human rights organizations who carry out legitimate and valuable work in the field of human rights in Russia. Amnesty International calls on the Russian authorities to halt the targeting of human rights organizations and to demonstrate that they not only tolerate but also respect and defend the right of individuals and organizations to be truly independent voices in society.
Background
The Nizhnii Novgorod Society for Human Rights was registered in 1993 and is one of the oldest and most high-profile human rights NGOs in the region. In cooperation with other NGOs, in particular, the Nizhnii Novgorod-based Committee Against Torture and the Russian-Chechen Friendship Society, it conducts human rights monitoring, organizes campaigns, offers free legal consultations to individuals, and publishes material, including the Pravo-zashchita newspaper. It has been at the forefront of a campaign for the right to conscientious objection, and work against torture.
The Nizhnii Novgorod Society for Human Rights has been in correspondence with the registration chamber of the Nizhegorodskii branch of the Ministry of Justice since February 2005. Since this time the Ministry of Justice has required the organization to submit documentation, which the organization has done. However, the decision to suspend the organization’s activities is reportedly based on the grounds that the organization has not submitted required information. The organization considers that it has been complying with all its legal obligations in this respect and according to Viktor Gurskii, a court on 19 April 2005 found that the organization had not violated the administrative code in its correspondence with the registration chamber of the Ministry of Justice.
The Nizhnii Novgorod Society for Human Rights is not the only human rights organization currently under pressure in Nizhnii Novgorod. Amnesty International has detailed an apparent campaign of harassment and intimidation against the Russian-Chechen Friendship Society. The organization is undergoing a criminal investigation into the publishing activities of the organization, as well as simultaneous checks by the tax authorities and checks by the Ministry of Justice. At the same time, one staff member, Oksana Chelysheva, has been the subject of threatening leaflets which have been distributed in Nizhnii Novgorod.
View all AI documents on the Russian Federation:
http://amnesty-news.c.topica.com/maadALhabhwUxbe1UKub/
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6 June 2005
News Release Issued by the International Secretariat of Amnesty International
30 May 2005
Afghanistan: Women still under attack -- systematic failure to protect
AI Index: ASA 11/008/2005
"At the moment, there are more pressing issues....a civil servant has too much on his mind to deal with women's rights. It is a matter of priorities," Amnesty International interview with the Governor of Kandahar, 13 September 2004
Violence against women and girls in Afghanistan is pervasive, said Amnesty International today launching its latest report "Afghanistan: Women under attack".
"Throughout the country, few women are exempt from violence or safe from the threat of it," states the report.
Daily, Afghan women are at risk of abduction and rape by armed individuals, forced marriage and being traded in settlement of disputes and debts. They face discrimination from all segments of society as well as by state officials.Violence against women is widely accepted by the community and inadequately addressed at the highest levels of the government and the judiciary. Investigations by the authorities into complaints of violent attacks, rape, murders or suicide of women are neither routine nor systematic, and few result in prosecutions.
"Societal codes, invoked in the name of tradition and religion, are used as justification for denying women the ability to enjoy their fundamental rights. Perceived transgressions of such codes have led to the imprisonment and even killing of some women. Some authorities treat women who run away to escape these situations as criminals and imprison them." said Amnesty International.
Afghanistan is in the process of reconstruction after many years of conflict, but hundreds of women and girls continue to suffer abuse at the hands of their husbands, fathers, brothers, armed individuals, parallel justice systems, and institutions of the state itself such as the police and the justice system. There are reported increases in forced marriages and some women have killed themselves to escape, including by self immolation.
"Husbands, brothers and fathers remain the main perpetrators of violence in the home but the social control and the power that they exercise is reinforced by both state authorities and informal justice systems" Amnesty International emphasized.
"We stress that the Afghan authorities have a duty to refrain from committing violations of human rights and to protect women from violence committed not only agents of the state but also by private individuals and groups. Reform of the criminal justice system is integral to the protection of all Afghan women and it is the responsibility of the state to provide legal safeguards.
Under international human rights standards, Afghanistan must exercise due diligence to secure women's rights, including the rights to equality, life, liberty and security, as well as freedom from discrimination, torture and cruel,inhuman and degrading treatment.
Amnesty International's report highlights the failure of the Afghan authorities to respect, protect and fulfil the rights of women and girls. It stresses that state must accept responsibility and ensure that the right to live free from violence is fully realized for women and men in Afghanistan.
The organization calls on the Afghan government -- as an essential minimum towards ending the patterns of discrimination and violence in the country -- to, among others steps:
* publically and unequivocally condemn all violence against women and girls including that occurring in the family and through decisions by informal systems and perpetrated by agents of the state;
* continue to strengthen the reform of the criminal justice system including comprehensive training of the judiciary and police in order to raise standards which promote and protect the rights if women;
* not invoke any custom, tradition or religious consideration to avoid their obligations to eliminate violence against women;
* modify or abolish existing laws (such as the Penal Code), regulations, customs and practices which constitute discrimination against women in family matters or which permit such discrimination to exist.
The organization simultaneously calls on the international donor community to encourage and support the Afghan government in ending crimes against women through sustained commitment to rebuilding Afghanistan in ways that enable women and girls to realize their rights.
For the full text of the report, please go to:
http://amnesty-news.c.topica.com/maadzqaabholXbe1UKub/
Act now to stop violence against women:
http://amnesty-news.c.topica.com/maadzqaabhoI7be1UKub/
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6 June 2005
For three years a women's rights campaign has been underway in Turkey. The new penal code now reflects the efforts of the advocates with new articles that address "gender equality and the protection of sexual and bodily rights of women and girls. However, despite the wide range of amendments, discriminatory provisions remain in the new law, violating human rights in the domain of sexual and reproductive rights in Turkey." The original effective date of 1 June 2005 has been postponed by the government so that a final review can be conducted.
Compiled from:
"Turkey - Action Against Discrimination." The Network of East-West Women - Polska/NEWW. 6 June 2005.
"Turkish Civil and Penal Code Reforms from a Gender Perspective: the Success of Two Nationwide Campaigns." Women for Women's Human Rights. February 2005.
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DUSHANBE, 1 July 2005
Providing refuge for victims of domestic violence, trafficking and other forms of abuse is the aim of the first shelter for women in Tajikistan, which was opened by the OSCE Field Office in Khujand today. The shelter is part of a new a three-year project financed by the U.S. State Department through the OSCE and implemented by the Crisis Centre "Gulrukhsor". Since 1996, "Gulrukhsor" has been offering women in Tajikistan's northern region free medical consultations and social and psychological rehabilitation.
"We are very excited to be able to help open the first shelter for women in Tajikistan," said Frank Johansen of the OSCE Field Office in Khujand.
"The city authorities have been very supportive and are considering providing a permanent location. This is important for the long term sustainability of the shelter and the women's Crisis Centre. In the future, it would make better sense if such social services were provided by local or regional authorities."
"Data collected last year from a hotline run by the Crisis Centre revealed that up to 75 per cent of calls were from women in crisis situations," he added. "Over 35 per cent of the calls were related to domestic violence. Every second caller was in need of temporary shelter."
Cited in: OSCE Centre in Dushanbe helps open first shelter for women in Tajikistan, Press Release, OSCE, http://www.osce.org/item/15475.html, 1 July 2005.
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1 July 2005
A joint operation by Tajik police and United Arab Emirates special services freed a group of 40 Tajik women on 30 June in Dubai, Asia-Plus reported. The Tajik women, ranging between the age of 14 and 25, were victims of an organized human-trafficking network that preys on impoverished females from Central Asia and other former Soviet states. The operation also resulted in the arrest of an undetermined number of traffickers.
Copyright (c) 2005. RFE/RL, Inc. Reprinted with the permission of Radio Free Europe/Radio Liberty, 1201 Connecticut Ave., N.W. Washington DC 20036. www.rferl.org.
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1 July 2005
On June of 2002, in Meerwala Jatoi, a remote farming village in Punjab, Mukhtar Mai, a thirty year old unmarried woman from a low-caste family, was publicly gang raped under the direction of a tribal court. She was paraded naked before hundreds of onlookers before being covered with a shawl by her father and walked home. According to the Independent Human Rights Commission of Pakistan, community sanctioned violence against woman is still prevalent, especially in rural parts of the country. In the first seven months of 2004 alone, 151 Pakistani women were gang-raped and 176 killed in the name of “honor.”
Mai was punished because her younger brother, Abdul Shakur, then 12 years old, had been accused of having an affair with a girl from the powerful Mastoi tribe. Investigators later determined that the “affair” was invented as a cover-up after three Mastoi men kidnapped and sexually assaulted the boy in a sugar cane field. Abdul remembers, “They asked me if I would tell my family.” When he said yes, the men beat and locked Abdul in a room. When the police arrived they found Abdul and a Mastoi girl alone together.
Mai, a teacher of Islam, went before the Panciat, (tribal council), pleading with the village elders to show mercy on her brother. According to some accounts, in order to restore tribal honor, the court ruled that Mai’s brother and the Mastoi the girl he was found with should be married. The tribal court also demanded that Mai herself be given in marriage to a Mastoi man. Sources differ on whether the Mastoi or Mai objected to the tribal court’s initial decision. The BBC maintains that the Mastois demanded zina (adultery) for zina. What isn’t disputed is that the council chose to punish Mai with karo kari, or gang rape. Four men from the Mastoi tribe volunteered to carry out the punishment.
The local imam (Islamic cleric) spoke out against the tribal court and its voluntary rapists, demanding that they be brought to trial in a civil court. The imam encouraged Mai to file an official complaint with the police. At first, the police refused to respond to the complaint. After the iman brought Mai’s story to the media, the tribal elders and volunteer rapists were tried in an anti-terrorism court. Under Pakistani law, criminal cases can be tried under Anglo-Saxon law and Islamic law simultaneously. Fourteen men were charged with rape; eight men were acquitted and six sentenced to death.
Although the government offered to buy Mai a home within Islamabad, to protect her from reprisal by the Mastoi clan, Mai chose instead to return to her native village. Using the $8,000 settlement she received in compensation, Mai opened the first school for girls in Meerwala. The school offers elementary education to 130 poor and orphaned girls, including the daughters of Mai’s attackers. With help from volunteers, the curriculum has expanded to include literacy, math, science, English, and Vocational training (sewing/handicrafts). There are now two girls-only schools in Meerwala with plans to set up multiple branches throughout Pakistan.
In the future, Mai hopes to establish a non-profit group, the Mukhtar Mai Women’s Welfare Organization which would lobby against Karo Kari, the Panciat/Jirga System, “honor” killings, and female sexual violence. The organization aims to provide emergency assistance and health care facilities for women while raising political awareness and advocating for equal rights between men and women. Through www.mercycorps.org, NYTimes Op Ed Columnist Nicolas D. Kristof, who has covered Mai’s story since 2002, has helped raise $133,000 in donations for Mai’s social work. With these funds Mai has established an ambulance service, a women’s shelter, and a trauma center for women.
This last March, the Lahore High Court overturned the convictions of five of the men, citing a lack of evidence. The sixth man was sentenced to life imprisonment. After Mai appealed the decision to the Supreme Court, the Federal Shariat Court (Islamic court) reinstated the original convictions of the six men. However, the Supreme Court threw out the Islamic court’s decision, choosing instead to hear Mai’s appeal. Thirteen of the village elders and rapists were rearrested pending the Supreme Court decision. In addition to asking that the Supreme Court reinstate the death sentences of five of the men, Mai is also appealing the original acquittals of the eight other men involved in her rape. This last Monday the Supreme Court heard the initial arguments.
At the invitation of the Asian-American Network Against Abuse of Woman, (ANAA) Mai was scheduled to appear in the United States on June 22 to publicize her success with developing a women’s trauma center in Meerwala. On June 11, expressing worry for Mai’s security, the government banned the schoolteacher from overseas travel, placing her under house arrest. On Friday of that week, the Lahore court ordered the release of Mai’s attackers on bail. Government officials have since reported that none of the prisoners were released because their lawyers failed to file the appropriate paper work. That Saturday, Mai was escorted by police officials to Islamabad, where she was instructed to withdraw her application for a US visa. According to the NY Times, officials accused Mai of being unpatriotic, threatening her family and friends.
The President has since admitted, “She was told not to go. I don’t want to project the bad image of Pakistan.”
Gen. Musharraf has received international condemnation for attempting to preserve Pakistan’s “modern” image by suppressing information about Mai’s case. Gen. Musharraf had threatened to “slap” Ms. Jehangir, a U.N. special rapporteur on human rights “in the face” for publishing information of Mukhtar Mai in international magazines Human Rights advocates also protested the Pakistani government’s ban on Mai’s ability to travel abroad. ANAA staged protests outside the Pakistani Consulate in New York and the Pakistan Embassy in Washington D.C.
U.S. Secretary of State Condoleeza Rice spoke with Pakistani Foreign Minister Khursheed Mehmood Kasuri asking that the travel restrictions placed on Mai be revoked. In response to international public outcry Prime Minister Shaulkat Aziz removed Mai’s name from the Exit Control List. Pakistani government officials have since returned Mai her confiscated passport, but she has not announced whether she plans to travel abroad in the immediate future.
Compiled from: “Pakistan Lifts Travel Restrictions on Rape Victim” NY Times, 16 June 2005; “Pakistanis Re-Arrested in Officially Ordered Rape” NY Times, 28 June 2005; http://www.mukhtarmai.com/Mai’sTragedy.htm; “Challenging a Tribal Code of ‘Honor’”, Asma Jahangir, Time Asia, 4 October 2004
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25 July 2005
At least 70 Roma women in the Czech Republic have publicly accused state-run hospitals of sterilizing them without their consent during the past 15 years.
While the women say they may have signed papers authorizing sterilization, their reports indicate that proper consent was not given. Roma women report being given incomplete information and being pressured to sign before giving birth. One woman says that a social worker threatened to take away her children permanently unless she was sterilized.
The women claim that they were targeted because of their race. During the communist era, "undesirables," a group that included Roma women, were sterilized by the government. This practice was supposed to have ended with the fall of communism. However, prejudice against the Roma remains widespread: a survey reported that "nearly 80 percent of Czechs would not want a Roma as a neighbor" (From: "Sterilized Roma Women Say They Did Not Consent," Women's E-News, 25 July 2005).
The Czech health ministry has responded by drafting legislation that would restrict sterilization and provide tighter regulations for medical consent.
Compiled from: "Sterilized Roma Women Say They Did Not Consent," Women's E-News, 25 July 2005; "Romani Women Coercively Sterilised in the Czech Republic Come Forward," European Roma Rights Centre, 7 April 2005.
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25 July 2005
Revitalization of the women's movement in Lebanon has recently resulted in the formation of the Lebanese Women's Network, a coalition of civil society groups with a focus on women's rights. The Network is calling for reform of the penal code to eliminate the blatant discrimination against women. Representatives for the Network spoke out against the bias at the Lebanese Press Federation in an effort to raise awareness and stimulate legislative reform. They gave examples of the bias, including one penal code provision that allows men to kill their wives if they bring dishonor to the family and another that pardons men for rape or kidnapping if they marry the victim.
The penal code also provides for different punishments for the same crime, depending upon the sex of the offender. Mohammad Baalbakki, the head of the Lebanese Press Syndicate joined the network in the call for reform, saying that, "[b]oth genders have to be subjected to the same rules and have the same duties. We are through with ancient times where each of the sexes was given a different kind of treatment."
In the past, women's groups in Lebanon competed against each other. They now realize that working together strengthens their message and improves their potential for success.
Cited in: Chahine, Jesse, "Women's Groups Call for Amendment of Penal Code," The Daily Star, 22 July 2005.
PRISTINA, 22 July 2005 - The Head of the Organisation for Security and Cooperation in Europe (OSCE) Mission in Kosovo, Ambassador Werner Wnendt, welcomed today's decision by Prime Minister Bajram Kosumi to create Human Rights Cells in each of the ministries in the executive branch of the Provisional Institutions of Self-Government (PISG).
"The decision marks a most significant step forward in the implementation of human rights principles within the law of Kosovo," he said.
While each ministry already has "focal points" dedicated to the most pressing human rights concerns, including the rights of communities, gender equality and equal opportunity, the human rights cells will bring together civil service staff at the ministerial level.
"This will enable each ministry to give more depth of attention to human rights compliance within its specific sectoral focus."
Further, the creation of human rights cells will develop the internal structure necessary for ministry level participation in the development of the Comprehensive Human Rights Strategy, and the implementation of the Anti-Discrimination Law, Regulation 2004/32.
The significance of Prime Minister Kosumi's action today to put the focus on human rights at the ministerial level is long term and far reaching, Ambassador Wnendt added.
Even after Kosovo's future status questions have been addressed, government compliance with human rights principles will be seen as an important indicator for measuring Kosovo's stability.
The integration of respect for human rights into local cultural norms can help to stimulate economic investment from abroad.
The OSCE Mission, in addition to the support it gave in this process to date, will also train people designated as parts of the human rights cells in the ministries and the Prime Minister's office. Technical advice on the formation of this structure, as well as human rights related legislation will be provided by both local and international experts.
Published in: "OSCE Mission Head welcomes decision to create human rights cells in Kosovo ministries," OSCE press release, 22 July 2005.
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18 July 2005
"Women's rights should be right at the top of the agenda for the negotiations with Turkey", says Parliaments Women's Rights Committee in a report adopted on Thursday 26 May.
Women's rights and gender equality are embedded in the Community's basic principles and in much legislation which Turkey has to accept if it is to join the EU. MEPs emphasise that Turkey's "progress in the field of legalisation now needs to be implemented in practice".
The committee's report, drafted by Emine BOZKURT (PES, NL), which followed on from a hearing held on 16 March this year, was adopted by 27 votes to 0, with 4 abstentions.
The report emphasises the key role of civil society in pushing for the recent legislative reforms. MEPs believe that the entire political class as well as grassroots organisations, religious communities and the media must be involved if democratic change is to be achieved.
Violence against women is another issue raised in the report. MEPs call on the Turkish Government to take action to protect women at risk, such as providing easily accessible healthcare and legal support and protection. According to local NGOs, in 1995 almost all women living in slum areas of Ankara had experienced domestic violence, while of 1,259 women interviewed between 1990 and 1996, 88% claimed to be living in a violent environment.
Among other concerns are the involvement of Turkish women in politics, which remains weak, (only 4.4% of members of parliament are women and around 1% of representatives at local level), access to education and the low number of women active on the labour market. According to the European Foundation for the Improvement of Living Conditions, only 27 percent of women in Turkey are currently employed.
The committee urges Turkey to ratify the Additional Protocol No. 12 to the European Convention on Human Rights which deals with preventing discrimination. Finally, MEPs say that they intend to monitor the situation of women in Turkey closely and report on it annually through the EP Women's Rights Committee. They call on the European Commission to do the same.
Published in: "Turkey Urged to Enforce Legislation on Women's Rights," Europarl, 27 May 2005.
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28 July 2005
On July 25, 2005, The United Nations Committee on the Elimination of Discrimination against Women (CEDAW) held a pre-sessional review of Macedonia’s compliance with the Convention. The Roma Centre of Skopje (RCS) the European Roma Rights Center (ERRC) and the Network Women’s Program Roma Women Initiative (NWP/PWI) jointly submitted a ten-page document to CEDAW detailing the widespread discrimination directed against Romani women in Macedonia. The report highlights exclusionary laws that were adopted by the government of Macedonia during the break-up of Yugoslavia which have since deprived Roma of citizenship in their own country. Because of this statelessness many Roma are denied basic human rights including education, health care, housing, and property.
According to the report, Roma face overt discrimination and verbal harassment by employers, and are subjected to poor working conditions, longer hours and less pay than non-Roma. Roma are often forced to live in substandard living conditions, where overcrowding, lack of sanitation, electricity or water contribute to the spread of disease. This is exacerbated by a public health care system that routinely excludes Romani women from treatment. There are documented cases of untreated tuberculosis while a large percentage of Romani women suffer from bronchitis, asthma and high blood pressure. Government authorities rarely intervene in cases of domestic violence.
Please click here to access the full report.
Compiled from: “United Nations Committee on the Elimination of Discrimination against Women Hears Concerns at Situation of Romani Women in Macedonia,” European Roma Rights Centre (ERRC); 25, July 2005.
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28 July 2005
On July 25, 2005, The United Nations Committee on the Elimination of Discrimination against Women (CEDAW) held a pre-sessional review of Macedonia’s compliance with the Convention. The Roma Centre of Skopje (RCS) the European Roma Rights Center (ERRC) and the Network Women’s Program Roma Women Initiative (NWP/PWI) jointly submitted a ten-page document to CEDAW detailing the widespread discrimination directed against Romani women in Macedonia. The report highlights exclusionary laws that were adopted by the government of Macedonia during the break-up of Yugoslavia which have since deprived Roma of citizenship in their own country. Because of this statelessness many Roma are denied basic human rights including education, health care, housing, and property.
According to the report, Roma face overt discrimination and verbal harassment by employers, and are subjected to poor working conditions, longer hours and less pay than non-Roma. Roma are often forced to live in substandard living conditions, where overcrowding, lack of sanitation, electricity or water contribute to the spread of disease. This is exacerbated by a public health care system that routinely excludes Romani women from treatment. There are documented cases of untreated tuberculosis while a large percentage of Romani women suffer from bronchitis, asthma and high blood pressure. Government authorities rarely intervene in cases of domestic violence.
Please click here to access the full report.
Compiled from: “United Nations Committee on the Elimination of Discrimination against Women Hears Concerns at Situation of Romani Women in Macedonia,” European Roma Rights Centre (ERRC); 25, July 2005.
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5 July 2005
The Azerbaijani parliament adopted a new law on 28 June to combat human trafficking, "Baku Today" reported. According to parliamentary Human Rights Committee Chairwoman Rabiyyat Aslanova, the new law calls for the appointment of a new "national coordinator" empowered to oversee the establishment of several "special rehabilitation centers" designed to aid victims of human trafficking. The Azerbaijani Criminal Code is also to be revised to include new penalties for human trafficking. Aslanova said that 283 people have been victims of human trafficking and 161 suspected traffickers were convicted in Azerbaijan last year. RG
Published in: RFE/RL NEWSLINE Vol. 9, No. 124, Part I, 30 June 2005
Copyright (c) 2004. RFE/RL, Inc. Reprinted with the permission of Radio Free Europe/Radio Liberty, 1201 Connecticut Ave., N.W. Washington DC 20036. www.rferl.org.
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1 July 2005
On 29 June 2005, the EU Commission adopted the negotiation guidelines for Turkey's accession to full membership in the union. The framework for negotiations was described "as the most severe adopted so far by the EU executive." Negotiation has tentatively been scheduled for 3 October 2005 and will take place if member states approve the draft and if Turkey extends the current trade agreement that it has with the EU to the ten newest EU member states. Although there has been private discusstion about granting "privileged partnership" to Turkey instead, negotiation continues toward full membership. The EU noted that "negotiations are an open-ended process, the outcome of which cannot be guaranteed beforehand" and explains that Turkey must fulfill all of the outlined obligations before gaining membership.
Compiled from:
"Commission Drafts a Rigorous Draft Framework for Accession Negotiations with Turkey," Europa, (Press Release IP/05/807), 29 June 2005.
Vucheva, Elitsa, "EU Adopts Rigorous Negotiation Rules for Turkey," EUobserver, 29 June 2005.
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30 August 2005
In the past, victims of trafficking were often routed through or destined for Kosovo. Kosovo established procedures to combat this trafficking. "The key steps include identifying victims, providing them with legal advice, ensuring their protection and shelter, and repatriating them." Now however, Kosovo is also a place of origin for victims of trafficking, victims who will remain in Kosovo. New procedures are necessary to reintegrate the victims into "normal life."
In response, the OSCE Mission in Kosovo, the Ministry of Labor and Social Welfare, The Centre to Protect Victims and Prevent Trafficking in Human Beings (PVPT) and the International Labor Organization organized a workshop in June "aimed at developing a comprehensive referral mechanism for victims and assisting them in reintegrating into society." The OSCE Mission identified a four-step approach to reintegration. First, the victim must be identified and removed from the sitatuation and then placed in a shelter. Second, psychiatric care is arranged and the victim is reintegrated into her family or in other appropriate housing. The last two steps ensure that the victim completes missed education and finds economic opportunities that increase independence.
Those who participated in the workshop are producing a "resource guide on reintegration services available in Kosovo." It will also note what changes need to be made to create a "full reintegration system." Pilot programs will be launched and depending upon their success, "will be revised and expanded throughout Kosovo." The OSCE indicates that success is dependent upon full government funding and cooperation between government and NGOs.
Cited in: "Reintegrating Kosovo's domestic human trafficking victims," OSCE, 19 July 2005.
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30 August 2005
The Women's Center for Democracy and Human Rights has launched a journal that addresses globalization issues as they relate to human rights, women's rights, law, economics, politics and social sciences. The journal is composed of scholarly articles written by experts in the abovementioned topics. In Southeastern Europe, an area where the countries have transitioned from or are transitioning from socialist economies to market economies, there is little information available to the public about globalization. This journal aims to provide this information, in both English and in Serbian. There will be numerous contributors, including the Association of Women's Rights in Development, Women in Development in Europe and others. It will be published online and in print twice yearly. The website will be updated twice monthly.
Compiled from: "About Globalizacija.com," Globalizacija.com Journal for Political Theory and Research on Globalization, Development and Gender Issues, 2005.
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30 August 2005
The International Helsinki Federation for Human Rights (IHF) has issued an open letter on behalf of Elena Urlaeva, an Uzbek human rights activist who has been reportedly arrested and abused. Ms. Urlaeva was arrested in Tashkent, Uzbekistan on 28 August 2005 and there are reports of her ill-treatment in detention, including deprivation of water, food and access to a lawyer.
For further information, please contact Aaron Rhodes, IHF Executive Director, +43-676-635 66 12.
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29 August 2005
The Transnational AIDs Prevention Among Migrant Prostitutes, TAMPEP, is an Italian NGO that provides assistance to women that have been trafficked to Italy from other countries, especially Nigeria. The organization sends out "street units, that include cultural mediators" to establish contact with the trafficking victims and offer health education and testing. The cultural mediators often have the same background as the victims and are better able to communicate with them by creating a connection and easing fears that the police or other authority figures are corrupt. For those victims that take advantage of the testing and education at the clinic, social workers also provide information about their rights and alternative options.
The combination of the use of cultural mediators and the legal protection that Italy offers "may explain why Italian authorities are able to reach more victims of trafficking than any other country in Europe." Italian law makes available a special residency permit for victims of trafficking provide information to the police. There is a similar law in the US, but unlike the US, in Italy the victims are not required to "cooperate in a criminal investigation or publicly denounce their traffickers."
Evidence indicates that obtaining victim cooperation leads to more arrests and convictions of traffickers. An estimated 3000 trafficking victims entered Italy in 2004. Nearly two-thirds of them received social protection. In contrast, the U.S. government estimates that "between 14,500 and 17,000 victims of trafficking enter the U.S. per year." In 2004, the government only issued 136 temporary resident permits to trafficking victims, who are expected to seek out help on their own. In 2004, Italy arrested 537 people on trafficking charges and convicted 41. The U.S. prosecuted 59 for sexual exploitation in the same year.
Cited in: "Italian Group Uses 'Street Units' to Protect Victims of Sex Trafficking," AdvocacyNet News Bulletin, No. 44, 24 August 2005.
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25 August 2005
On 6 July 2005, the EU Parliament adopted a "resolution on the role of women in Turkey in social, economic and political life." The resolution takes into consideration many sources of information, including the 2004 accession report for Turkey and a Report issued in May by parliaments Women's Rights Committee. Based on these reports, parliament concluded that Turkey must step up efforts to improve the status of women.
The Report by the Women's Rights Committee details multiple problems faced by Turkish women, from violence to limited involvement in politics. As Turkey continues on its path of EU accession, it is reminded that women's rights and gender equality are included in the goals that must be met. The resolution details numerous steps that EU bodies and Turkey should take to address the issues women face and to ensure that Turkey is in compliance with EU standards.
Cited in: "The Role of Women in Turkey," Europarl, 6 July 2005.
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23 August 2005
INIS - Women's Legal Assistance Center
Press Release
Tajik women will have one more opportunity to get legal aid
Women's Legal Assistance Center INIS began working in Dushanbe and Khudjand on July 1, 2005.
Women's Legal Assistance Center INIS is a non-profit, non-governmental association founded in June 2005 with the help of the American Bar Association Central European and Eurasian Law Initiative (ABA/CEELI) and financed by the U.S. Department of State Bureau of Democracy, Human Rights and Labor.
The aim of the Center is to provide women (including women - victims of violence) with legal advice, counselling, mediation, representation in court and government institutions.
Lawyers and legal advocates providing service through Women's Legal Assistance Center INIS carry out activities as follows:
-holding personal and telephone legal consultations;
-answering written requests;
-filing complaints, petitions and applications;
-representing women's interests in court and government institutions;
-organizing educational seminars.
More than 60 people have sought help from Women's Legal Assistance Center INIS in Dushanbe and in Sogdian district. There have been filed 20 complaints and 25 applications and petitions.
Eleven cases are under hearing now.
There are several addresses and phone numbers for women seeking legal aid from Women's Legal Assistance Center INIS:
In Dushanbe:
Public Association "Bonuvoni Navovar",
6 Buston Street,
Dushanbe, Tajikistan.
Telephone (for consultations): 25-54-87
Legal consultations are held on Tuesdays and Thursdays from 12 a.m. to 3 p.m.
Women's Consultation Center "Bovari",
14 Lakhuti Street,
Dushanbe, Tajikistan.
Telephone (for consultations): 27-97-66.
Legal consultations are held on Mondays, Wednesdays and Fridays from 9 a.m. to 5 p.m.
Any information about legal consultations provided by Women's Legal Assistance Center INIS is available at:
Women's Legal Assistance Center INIS,
39/23 Shotemur Street,
Dushanbe, Tajikistan.
Telephone: 24-12-29, 21-15-02.
In Khudjand:
Khudjand Women's Center "Gulrukhsor",
43 Kamoli Khudjandi Street, apt. 11,
Khudjand, Tajikistan.
Telephone (for consultations): 6-54-92, 6-05-10.
Legal consultations: Monday - Friday, 9 a.m. - 5 p.m.
Women's Association "Somondukht",
23 Lenin Street, Spitamen region,
Sogdian district, Tajikistan.
Telephone (for consultations): 2-31-62.
Legal consultations are held on the first and the last Fridays of each month, 9 a.m.- 5 p.m.
Any information about legal consultations provided by Women's Legal Assistance Center INIS is also available at:
Women's Legal Assistance Center INIS Khudjand Branch,
124 Kamoli Khudjandi Street, apt. 2,
Khudjand, Tajikistan.
Telephone: 6-10-25, 4-24-30.
Legal consultations are free and confidential.
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The American Bar Association Central European and Eurasian Law Initiative (ABA/CEELI) began working in Dushanbe in 1997. The ABA/CEELI Khudjand office was opened in October 2000. Now ABA/CEELI is carrying out the following legal education programs in Tajikistan: clinical legal education, moot court, mock trials, street law and the development of advocacy courses for law schools. These programs are financed by the U.S. Agency for International Development (USAID)
The Central European and Eurasian Law Initiative (CEELI) - a public service project of the American Bar Association (ABA) - advances the rule of law by supporting the law reform process in Central and Eastern Europe and the former Soviet Union.
Through its volunteer legal liaison program as well as its training institute in Prague, CEELI makes available American and European legal expertise and technical assistance for these emerging democracies in modifying and restructuring laws and legal systems.
CEELI has offices in 23 countries across Central Europe and Eurasia. Since its founding in 1990, more than 5,000 judges, attorneys, law professors and legal specialists have contributed over $180 million in pro bono assistance to promoting the rule of law in the region.
The American Bar Association is the largest voluntary professional association in the world. With more than 400,000 members, the ABA provides law school accreditation, continuing legal education, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public.
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22 August 2005
Sergei Stanishev, the new prime minister of Bulgaria has reestablished EU accession as a main priority of the new government, along with economic growth. After the June elections, there was a two-month delay in the formation of the new coalition, which led to speculation that EU accession would also be delayed. In August, an EU team will go to Bulgaria to review the country's progress on their accession goals. "The European Commission will then publish its yearly progress report in autumn, which will influence whether or not the country will actually join on 1 January 2007." The Commission is able to delay accession by up to one year if Bulgaria has not made enough progress on their goals, one of which includes reform of the judiciary.
Cited in: Mahony, Honor, "Bulgaria's New Government Commits Itself to EU Goal," euobserver.com, 18 August 2005.
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12 August 2005
One fourth of Czechs, mainly women, say they have encountered sexual harassment at the work place. According to the results of a poll conducted by the Czech Academy of Sciences, thirteen percent said they had experienced it personally, fifteen percent said they had seen it going on or had heard colleagues complain about it. Although sexual harassment was qualified as a crime by an amendment to the labor code in 2004, few cases get to court. The poll indicates that the victims of harassment usually resolve the problem by seeking a job elsewhere.
10 August 2005
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11 August 2005
La Strada, an NGO, released a report on trafficking in Moldova on August 9th. The report indicates that 15 percent of all victims were teenagers and that 77 percent of trafficking victims between the ages of 15 and 18 were subjected to sexual violence. Four hundred criminal cases relating to trafficking were filed and ninety people were convicted in 2004-2005, with sentences of one to twenty-five years.
Compiled from: NGO Study Says 77 Percent of Trafficked Moldovan Teenagers Suffered Sexual Exploitation, RFE/RL Newsline, Vol. 9 No.150 Part II, 10 August 2005.
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Since the fall of communism in 1989, pornographic and sexually explicit ads have problematically bombarded the Czech Republic on billboards, metro advertisements and magazines. Beth Lazroe, a Prague-based American photographer, was inspired to draw attention to the problem by Czech friends who complained of the prevalence of such advertisement in the city. Her exhibition, “In Our Faces: Visual Assault on the Streets of Prague,” is composed of 50 large-scale photographs of sexually explicit and degrading advertising which opened in early September in Prague City Hall, Old Town Square. It is a response to the degradation suffered by women, men and children who encounter the use of the human body as a sexual advertising tool.
Lazroe’s exhibit opened in conjunction with a September 8th conference attended by representatives from governmental and non-governmental agencies, organizations and the public. In the exhibition Lazroe’s two major objectives were: to provide a greater awareness regarding the impact of gender-based advertising; and, to stimulate discussion of the connections between the use of degrading images and the rise of domestic violence, dangerous lifestyles and trafficking in women.
Prague authorities are taking this problem very seriously and Miroslav Skelnar, vice director of Prague City Hall notes the exhibition proves an awareness of the problem which is a start toward resolution.
Compiled from:
"Czech Exhibit Show Ads That Degrade Women," Dinah Spritzer, http://www.womensenews.org/, September 26, 2005.
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"In Our Faces: Visual Assault on the Streets of Prague." http://www.inourfaces
ASTANA, 21 September 2005 - Developing a national action plan to combat human trafficking in Kazakhstan was the focus of an OSCE-organized meeting which brought together representatives of different ministries and non-governmental organizations, as well as international experts.
The two-day event in Borovoe was organized by the OSCE Centre in Almaty, the OSCE's Office for Democratic Institutions and Human Rights (ODIHR) and the Ministry of Justice of Kazakhstan.
"Kazakhstan has made considerable progress in addressing the issue of trafficking in human beings," said Ambassador Ivar Vikki, Head of the OSCE Centre. "Our office stands ready to support Kazakhstan's endeavors in this sphere."
Sabyrzhan Bekbosunov, Vice-Minister of Justice underlined the importance of co-ordination between the Government, international and NGOs working in this field.
"We appreciate that the OSCE-organized meeting elaborated recommendations to our national action plan on combating trafficking in human beings," he said.
Participants discussed the preliminary findings of research on human trafficking in Kazakhstan, and national mechanisms for its prevention. The research was undertaken within the framework of OSCE Centre's anti-trafficking activities, which are jointly implemented with the Ministry of Justice and OSCE/ODIHR
For more information please visit http://www.osce.org/item/16305.html or contact:
Madina Bakieva
National Political and Media Co-ordinator
67 Tole Bi
480091 Almaty
Kazakhstan
Tel: +7-3272 79 37 62
Fax: +7 3272 79 43 88
Madina.Bakieva@osce.org
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This year Russia tried a landmark case concerning a woman’s right to self-defense. On December 8, 2003, Alexandra Ivannikova, 29, hailed a car for a ride home. The driver, Sergei Bagdasaryan,23, agreed to drive Ivannikova for an arranged fee. On the ride home Bagdasaryan passed Ivannikova’s house and pulled into a dark side street. Bagdasaryan stopped the car, locked the doors, and demanded that Ivannikova perform oral sex on him. Bagdasaryan took off his pants and his underwear. Ivannikova responded by reaching into her purse for a kitchen knife and stabbed Bagdasaryan in the thigh, puncturing his femoral artery. Ivannikova got out of the car and ran. Ivannikova informed a police officer of what had occurred. When the police reached the scene Bagdasaryan was dead, having bled to death.
At the trial, Ivannikova’s defense attorney pleaded momentary insanity and self defense. Despite acknowledging the attempted rape, the court found Ivannikova guilty of murder. Ivannikova received a two year suspended sentence and was ordered to pay Bagdasaryan’s family over $7,000.
The case drew both national and international attention. The public responded with an outcry that Ivannikova acted in self-defense and does not deserve her sentence. A week later, uncharacteristically, the City Prosecutor requested for the court to overturn the verdict, changing it to “no crime was committed.” The prosecutions support for Ivannikova’s response demonstrates a shift in Russian law regarding use of self-defense. Late last year Russian legislature abandoned a long practiced policy of “adequate response.” Under adequate response a victim could only respond with force equal to or less than that of the perpetrator. The past practice would leave a rape victim optionless.
The charges against Ivannikova have been repealed. Her case represents a positive step toward the empowerment of women.
Compiled From:
http://www.neww.org.pl/en.php/news/news/1.html?&nw=1585&re=2
The Network of East-West Women-Polska/NEWW, accessed 09/19/05.
http://www.mosnews.com/news/2005/06/02/rapesentence.shtml
The Mos News, accessed 09/22/05.
http://english.pravda.ru/accidents/21/96/383/15550_rape.html
Pravda, accessed 09/22/05.
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/06/19/MNGISDB11S1.DTL&type=printable
SFGate, accessed 09/22/05.
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In an attempt to provide a centralized holistic approach to victims of domestic violence by moving many county services under one roof, the Family Justice Center in Oakland, California opened in late August 2005. The Oakland center will provide access to 25 agencies, 60 on-site community partners and six court services. The center is a part of a United States federal pilot project announced by President Bush in 2003. This project is part of a recent national effort to improve the response to victims of domestic violence. It was modeled after the San Diego Family Justice Center that has served thousands since it opened in 2002.
The United States Justice Department has provided $20 million to fund 15 family justice centers. The first center opened in Brooklyn, N.Y. in July and others are planned to open in eight metropolitan areas around the country over the next year. The centralization of services is another step toward the goal of eradicating violence against women.
Compiled from: "New Centers offer Battered Women Dozens of Services," Rebecca Vesely, www.womensenews.org , September 16, 2005; Office on Violence Against Women: http://www.ojp.usdoj.gov/vawo/pfjci.htm; Department of Justice: http://www.usdoj.gov/opa/pr/2004/July/04_opa_499.htm; San Diego Family Justice Center http://familyjusticecenter.org/main.htm
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Twenty-three year old Vitore Rreshpja was placed in proceedings for removal from the United States by Immigration in 2002 for entering the country with a fraudulently obtained nonimmigrant visa. Rreshpja indicated a fear of being forced to work as a prostitute if returned to her native country of Albania and requested "asylum or, in the alternative, withholding of removal and protection under the Convention Against Torture (CAT)." In a decision handed down in 15 August 2005, the Sixth Circuit Court of Appeals rejected the asylum claim.
Rreshpja was abducted in Albania in June 2001. She was able to escape but heard the captor claim that "she would end up on her back in Italy, like many other girls." Fearing forced prostitution, her family felt it best for her to come to the United States to stay with her brother in Michigan. Within months of her arrival, the INS initiated removal proceedings against her.
An Immigration Judge (IJ) reviewed and rejected her claims for asylum, CAT and withholding of removal. The Board of Immigration Appeals (BIA) then reviewed the decision of the IJ and affirmed, without issuing an opinion. Rreshpja appealed to the Sixth Circuit Court of Appeals, which reviewed the decision of the IJ.
To grant asylum, a court must find that the applicant is a refugee, unable to return home "because of persecuation or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion." The applicant's fear must "be both subjectively genuine and objectively reasonable." In this particular case, Rreshpja had to prove that she fit into a defined social group. United States courts have indicated that to constitute a social group, there must be "a group of persons all of whom share a common, immutable characteristic" and "it must be one that the members of the group either cannot change or should not be required to change because it is fundamental to their individual identities or consciences." In addition, the group must have a common tie other than a common risk of persecution. This category tends to be limited as courts have been reluctant to classify broad and generalized classifications as a social group for purposes of asylum. Gender alone, does not constitute a social group.
The court interpreted Rreshpja's application to indicate that the social group to which she belongs is "young attractive Albanian women who are forced into prostitution." This was deemed an inadequate classification for two reasons. First, it is too broad, without adequate proof that forced prostitution is so pervasive as to affect all or even most Albanian women, as was shown with female genital mutilation in Somalia. Second, the group cannot be "circularly defined by the fact that it suffers persecution," in this case as those who are forced into prostitution. Eliminating that portion of the definition and leaving only "young attractive Albanian women" implies that any young Albanian woman deemed attractive is eligible for asylum. The court agreed with the IJ that Rreshpja does not have a well-founded fear on account of membership in a particular social group.
Rreshpja then requested a "humanitarian grant" of asylum, which requires "compelling reasons for being unwilling or unable to return to the country" based on the severity of past persecution or fear of serious future persecution. The court found that she had not suffered past persecution and that although she had a subjective fear of persecution, she did not prove that there was an "objectively reasonable possibility" of future persecution and her request for a humanitarian grant of asylum was denied.
The burden of proof for withholding of removal is "more stringent" than that for asylum. For this reason, the court determined that Rreshpja was not eligible for withholding of removal. To prove her CAT claim, Rreshpja had to show that she would be tortured if removed and that government officials, with prior knowledge of the torture, had or would in the future, fail to intervene to prevent it. The Sixth Circuit recognized that trafficking is a "serious problem in Albania" but found that there was insufficient evidence to prove that the government acquiesces in forced prostitution. Moreover, the court noted the government's attempts to suppress human trafficking and "to penalize local police officers who are directly or indirectly involved in these activities."
In addition to the three abovementioned claims, Rreshpja also claimed that her due process rights were violated with the decision by the BIA to affirm the IJ decision without opinion. This claim was also rejected by the Sixth Circuit.
Cited in: 2005 WL 1941284 (6th Cir.)______________________________________________________________________
The Committee for the International Covenant on Civil and Political Rights reviewed the initial report by Tajikistan on 13 and 14 July 2005. The concluding observations were adopted on 22 July 2005.
The Committee noted the progress made by Tajikistan and noted a number of issues that still need to be addressed to be in compliance with the Covenant. The gender-related issues discussed by the Committee included concern about the high rate of domestic violence, the gender imbalance in government positions and the general status of women in society, and Tajikistan's status as a major source country for trafficking. Tajikistan was commended for establishing legal sanctions against forced marriage and polygamy. The Committee encouraged them to continue to work towards improving the status of women in society and decreasing the gender imbalance. To combat trafficking, Tajikistan was encouraged to ensure that no state actors are involved in the practice and urged to "redouble its efforts to combat" trafficking, with the cooperation of other countries in the region. Moreover, efforts must be made to protect the rights of the victims.
The Committee requested Tajikistan to submit follow-up information on certain specific recommendations given, none of which relate to gender, within one year. For all other recommendations, including the gender-related issues noted above, Tajikistan was asked to include follow-up information in its next periodic report.
Cited in: "Consideration of Reports Submitted by States Parties Under Article 40 of the Covenant: Concluding observations of the Human Rights Committee - Tajikistan," United Nations (CCPR/CO/84/TJK), 18 July 2005.
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The Committee reviewed the second periodic report by Slovenia on 14 and 15 July 2005. The concluding observations were adopted on 25 July 2005. After noting that the report was submitted seven years after its due date, the Committee acknowledged the progress that Slovenia has made in compliance with the International Covenant on Civil and Political Rights and noted the improvements that still must be made.
The Committee commended Slovenia for drafting a new democratic constitution and for making the Covenant "directly enforceable as part of the domestic legal order" and " enforced by the Supreme and the Constitutional Courts." In addition, Slovenia was praised for creating a number of positions and offices for the protection of human rights and the creation of equal opportunities, one of which is the Interdepartmental Working Group on the Fight Against Trafficking in Human Beings. The Committee welcomed the 2004 action plan created by the Working Group to combat trafficking.
Despite the progress that was made, the Committee noted with concern a number of gender-related issues, including the high rate of domestic violence in Slovenia, the low level of participation of women in public affairs, and the occurence trafficking in women and children. In the Concluding Observation, Slovenia is encouraged to enact and effectively implement laws that address the problem of domestic violence and is urged to raise public awareness about the issue. The Committee calls for an increase in the "effective participation of women in public affairs and in political and economic sectors." To combat trafficking, the Committee advised Slovenia to prosecute and punish the traffickers and increase available services for the protection and rehabilitation of victims of trafficking.
The Committee addressed a number of other issues that arise under the Covenant, including a backlog of cases in the judiciary and discrimination of Roma.
The next periodic report by Slovenia is due on 1 August 2010.
Cited in: "Consideration of Reports Submitted by States Parties Under Article 40 of the Covenant: Concluding observations of the Human Rights Committee - Slovenia," United Nations (CCPR/CO/84/SVN), 25 July 2005.
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The deputy chief prosecutor of Russia's Khanty-Mansii Autonomous Okrug in western Siberia, Vladimir Tyulkov, was quoted by Interfax on 30 August as saying there that "the necessary documents for the extradition [of Bosnian Serb war crimes indictee Dragan Zelenovic] have already been prepared and will be sent to the Russian prosecutor-general on 31 August," Reuters reported. Russian and Bosnian Serb media have noted in recent days that Zelenovic was arrested on 25 August in the oil town of Khanty-Mansiisk after working as a construction worker under the assumed name of Petrovic for several years. Of eight men from Foca indicted in 1996 by the Hague-based tribunal for crimes there during the 1992-95 conflict, Zelenovic is the last man still at large. Three have been tried and convicted, two are awaiting trial, and two were killed while trying to avoid arrest (see "RFE/RL Newsline," 12 July 2002 and 18 May 2005). The indictment against the eight says that they held women as captives and that "many of the detained women were subjected to humiliating and degrading conditions of life, to brutal beatings and to sexual assaults, including rapes."
Copyright (c) 2005. RFE/RL, Inc. Reprinted with the permission of Radio Free Europe/Radio Liberty, 1201 Connecticut Ave., N.W. Washington DC 20036. www.rferl.org
Published in: "Russia Holding Bosnian Serb War Crimes Indictee," RFE/RL Newsline, Vol. 9 No. 165 Part II, 31 August 2005.
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PRISTINA – The Victims’ Advocacy and Assistance Unit (VAAU) of UNMIK Department of Justice and the Post and Telecommunication of Kosovo (PTK) today signed an agreement to establish a toll-free ‘HelpLine’ for victims of gender based violence, including victims of trafficking in human beings.
The HelpLine will ensure access to justice for victims of crime by offering them the opportunity to receive help from la w enforcement authorities. Additionally, it will facilitate victims’ access to medical, legal and psychological services as well as other forms of support available in Kosovo through VAAU and other providers.
In pursuance of its core mandate to ‘institutionalise the rights of victims of crimes’ the VAAU has been particularly active in combating human trafficking in Kosovo from both legal and humanitarian perspectives. Apart from advocating with policy makers and legislative bodies, the Unit has built up a network of Victims’ Advocates across Kosovo who support victims in their involvement with the justice system.
Besides legal advice, VAAU provides victims with other forms of assistance including interpretation, psychological, medical, shelter, training and educational assistance through its Interim Secure Facility (ISF). Since VAAU’s creation in 2002, the Unit has assisted over 1430 victims of crime, mainly victims of domestic violence, sexual offences and human trafficking. Comprehensive support is ensured through VAAU’s close cooperation with other related units of UNMIK as well as Kosovo’s Provisional Institutions of Self Government (PISG), the OSCE, local and international Non-Governmental Organizations and many other stakeholders.
With the PTK now joining the endeavour, VAAU will be able to establish a HelpLine that will be free of charge for victims calling from PTK operated lines. This will complement the existing ‘Hotline’ for victims that VAAU is currently operating.
Published in: "Toll-free ‘HelpLine’ for Victims of Human Trafficking," UNMIK (UNMIK/PR/1402), 18 August 2005.
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Winrock Research "Women at-Risk in the Republic of Moldova" To Be Released
New Perspectives for Women NEWS RELEASE
Main topics:
Vulnerability of young women from the Republic of Moldova to human trafficking
Domestic violence
Date: September 22, 2005 From: Chisinau, 65 Stefan cel Mare st., of. 603
The United States Agency for International Development (USAID) and Winrock International as implementers of the project New Perspectives for Women invites the news corps to a Press Conference, at 11:00 a.m. on Tuesday, October 4, 2005 at the office of NPW, 65, Stefan cel Mare bd., of. 603 in Chisinau
Winrock International will present the results of the National Representative Survey "Women At-Risk in the Republic of Moldova" conducted by IMAS inc, who interviewed young women primarily between the ages of 16 and 35.
This research identifies contemporary pressures that weigh heavily upon young women and can result in desperation that leads to flawed life decisions that are illegal, humiliating, unsafe, and sometimes dangerous.
Defining vulnerability in terms of recruitment situation and the propensity to break rules this research shows that 6% among people aged between 16 and 35 may be considered as belonging to the vulnerable group with high risks to be trafficked, whereas the other 12% of the respondents may be considered as belonging to the group with medium risks to be trafficked.
The general pressure created by low income, poor living, frustration resulting from the difference between the expectances’ level and reality, the tendency of imitating someone’s successful evolutions are some of the reasons that make the people find solutions, even illegal or dangerous ones, for surviving. As vulnerable girls do not always have access to official channels or qualify for formal job opportunities, they will mainly resort to risky employment options, where they believe they would be accepted more easily.
This research refers to women trafficking and domestic violence. Moreover, this study is a sociological one and it deliberately ignores the economical and legal approaches of the problem. These approaches do not exclude each other and a comprehensive study should comprise all three approaches. This research will stress the social-demographical factors of vulnerability to trafficking and the decisions of females aged between 16 and 35 to accept migration risks.
According to the data revealed by this survey, 41% of our sample state that they have been victims of one or another type of domestic violence at a certain point in their lives.
This research relates the incidents of the following types of domestic violence:
1. Psychological violence – reported 32% of the respondents
2. Physical violence – reported 18% of the respondents
3. Social violence – reported 21% of the respondents
4. Economic violence – reported 9% (89 respondents)
5. Sexual violence – reported 3% (30 respondents)
The widest spread type of domestic violence is psychological violence which, in all cases, accompanies the other forms of domestic violence.
The New Perspectives for Women program through Mobile Technical Units provides young Moldovan women with access to vital trainings, psychological counseling, peer support groups, legal aid, information and referral mechanisms, and assists them in making career decisions.
Project Director, Dr. Susanne E. Jalbert, emphasizing the importance of the National Representative Survey and the value that the Project's five Regional Support Centers services bring to young women from villages, said, "by increasing the ability of Moldovan women to succeed in today’s economy, we decrease their vulnerability and ensure a better future for Moldovan women and their families."
For more information contact Information Coordinator E-Mail: info@winrock.org.md or Telephone: 022.271.290
65 Stefan cel Mare blvd., s 603 Phone: +37322.271.290 info@winrock.org.md Chisinau MD-2001, Moldova Fax: +37322.272.489 www.winrock.org.md
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Serbian EU Bid Hangs by a Thread
Olli Rehn, Enlargement Commissioner for the EU said that Serbia must continue cooperating with the International Criminal Tribunal for the Former Yugoslavia (ICTY) or face suspension of talks for closer ties with the EU under a Stabilisation and Association agreement (SAA).
The ICTY’s chief prosecutor, Carla del Ponte, has demanded that war crimes suspects be handed over to the court, and has only recently shown signs of satisfaction with Belgrade’s co-operation. High on Ms Del Ponte’s list is the Bosnian Serb commander Ratko Mladic, accused of genocide. Mr. Mladic is believed to be hiding somewhere in Serbia.
Montenegro and Kosovo
Mr. Rehn also told the leadership of Montenegro, which is currently tied to Serbia by a union, that its proposed referendum on independence should abide by international standards.
A three-year agreement on the united status of the two former Yugoslav republics will run out in February 2006, with a referendum planned for next year. The current SAA framework between Brussels and Belgrade covers both Serbia and Montenegro, however preliminary talks on the SAA were held separately with both countries.
Negotiations are also set to start shortly on the future status of Kosovo, which is currently a UN protectorate.
Compiled from: Serbian EU Hangs by a Thread, Rehn Says, Mark Beunderman, EU Observer, 11 October 2005.
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Convictions for Trafficking Handed Down in Serbia
30 September 2005
Today, before the Special Department of the Belgrade District Court, a trial chamber composed of judges Dicic, Albijanic and Tatalovic, has made a judgment for the offence human trafficking pursuant to Article 111b Paragraph 2 of the Criminal Law of the Republic of Serbia, where the citizens of Ukraine O.N. and E.I. appeared as victims. The trial chamber has pronounced the following sentences:
The organizer of the criminal group, Mladen Dalmacija, tried in absence, has been sentenced to eight years in prison.
Vladimir Dudic has been sentenced to six years, Tatjana Dudic to 4 years and Dragan Andrijasevic to 3 years in prison.
Defendants are evicted of their property acquired through the commission of this crime.
Vladimir Dudic will remain in detention, while Dragan Andrijasevic is free to go until the judgment is made final.
Tatjana Dudic is also free to go until the judgment is made final, but she is forbidden to leave town and her passport has been taken away.
This was the first time that our courts referred to the UN Convention against Transnational Organized Crime and supplementing Protocol to Prevent, Suppress and Punish Trafficking in Human Beings, Especially Women and Children.
Published in:
”Convictions for Trafficking handed down in Serbia,” ASTRA Press Release, 30 September 2005.
Anti Trafficking Action
SOS tel/fax: +381 11 33 47 817
tel: +381 11 33 47 853
e-mail: astranet@sezampro.yu
http://www.astra.org.yu/
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OSCE Mission Publishes Human Rights Booklet to Assist Kosovo Police
PRISTINA, 6 October 2005 - Officers of the Kosovo Police Service (KPS) will now be able to make use of a new human rights booklet, being distributed by the OSCE Mission, which compiles provisions of international human rights instruments and applicable law in Kosovo.
The KPS officers can apply this knowledge to enforce the law while also protecting the fundamental human rights and freedoms of the people they serve.
The pocket-size booklet, 'Human Rights and Law Enforcement', provides a quick reference to the most important human rights standards and applicable criminal legal provisions. It is tailor-made for police work and aims to help KPS officers to better apply criminal procedure and perform their job in a more effective and human rights-compliant manner.
"Police authorities, as part of the executive branch of the government, have a unique role in society," said Henry McGowen, Director of OSCE Mission's Department of Human Rights and Rule of Law. "In having the authority to enforce the law, with force if necessary, the police have a great responsibility to use this authority with due care in order that the rights of all people are protected."
The booklet covers a wide range of topics such as arrest, police investigation, interrogation, treatment of juveniles, discrimination, the right to defence counsel and effective remedy, as well as the freedoms of assembly, association and expression. The last chapter includes a number criminal offences listed in the Provisional Criminal Code of Kosovo which can be committed in the line of official duty including abuse of position, bribery and misuse of property.
The concept for such a reference booklet came when OSCE human rights monitors perceived a gap in the application of criminal procedure by KPS officers. It was compiled as part of an effort to help prevent possible human rights violations and assist with in-service education for the KPS.
The booklet will be distributed to the KPS in the Gjilan/Gnjilane region this week, and then disseminated throughout Kosovo.
Copies of the booklet are available in English, Albanian and Serbian on the OSCE Mission website at http://www.osce.org/kosovo.
For more information please contact:
Sven Lindholm, Spokesperson
OSCE Mission in Kosovo
Belgrade Street 32
38000 Pristina
Serbia and Montenegro
Tel: +377 44 500 254 (mobile) +381 38 500 162
Fax: +381 38 500 188
sven.lindholm@osce.org
press.omik@osce.org
Published in: "OSCE Mission publishes human rights booklet to assist Kosovo Police," OSCE, 6 October 2005.
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Georgia Drafts New Domestic Violence Law
A new draft law on domestic violence has been introduced in the Georgian Parliament. The draft law would allow victims of domestic violence to seek civil orders from the court that direct abusers to leave the home and stay away from victims. The law provides immediate protection to victims of domestic violence without requiring that they pursue criminal remedies against or divorce from their abusers. The orders would be valid for three month periods and extensions could be applied for. The draft law also allows police officers to issue temporary restraining orders, valid for 48 hours, when they observe evidence of domestic violence. The temporary orders could be brought before a judge to be extended into a three month order. The draft law also provides that criminal charges of domestic violence are grounds in and of themselves for the issuance of a protection order. Under the draft law, a violation of either a protection order or a police-issued temporary restraining order is a criminal offense.
To read a complete version of the new law click here
Compiled from:
"Draft Law of Georgia on Combating Domestic Violence, Protection of and Support to Its Victims"
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EU Remains Undecided about Turkey
EU Member-States and Turkey continue to work on the wording of the negotiation framework for Turkey's accession to the EU. Austria has noted a number of concerns. Austria initially wanted the "phrase 'accession' as a 'shared objective' [to] be scrapped," signaling its intent to loosen the partnership with Turkey and avoid Turkey's full membership in the EU. Although this demand was withdrawn by the Austrians, they still want the framework to reference the "absorption capacity" of the EU to add Turkey as a member state.
Another issue that has plagued the talks is the issue of Cyprus. The current text of the framework forbids Turkey from "blocking EU member states from participating in international organizations." This would necessarily force Turkey to recognize Cyprus. Due to the difficulty of the negoations, the UK foreign minister, Jack Straw, indicated that he "could not be certain' that an agreement could be reached."
The meeting to address Croatia's accession was postponed until an agreement on Turkey is reached.
Cited in: EU Continues to be Deadlocked on Turkey, EUobserver, 3 October 2005.
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EU Imposes Sanctions on Uzbekistan
The foreign ministers of the European Union met on 3 October 2005 to consider the imposition of sanctions on Uzbekistan for refusing to allow an independent international investigation of the violent uprising that took place in Andijan on 13 May 2005. There are differing reports on the number of people killed during the uprising and the circumstances that led to the violence. Since May, the European Union has called on Uzbekistan to permit international experts to conduct a transparent investigation. Uzbekistan has thus far refused.
The sanctions imposed by the EU include an embargo on "arms and equipment that might be used for internal repression" and a ban on travel to the EU for Uzbek officials. The sanctions will last for one year and will then be reviewed based on "Uzbekistan's willingness to 'adhere to the principles of respect for human rights, rule of law and fundamental freedoms." This requirement is a part of the 1999 Partnerhsip and Cooperation Agreement that established and governs the relationship between the EU and Uzbekistan. It is unclear what effect these sanctions will have given the fact that Uzbekistan secures its arms and equipment, in large part, from "Russia, China and other non-EU states."
Compiled from: Chivers, C.J. EU Sets Sanctions on Uzbekistan, International Herald Tribune, 3 October 2005; EU Considers Uzbekistan Sanctions, EUobserver, 3 October 2005.
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Nineteen Victims of Human Trafficking Released in Britain
On Thursday September 29, 2005, police raided Cuddles massage parlor in Birmingham, Britain. As a result of the raid nineteen women, believed to be victims of human trafficking, were freed from the institution. The women were from Greece, Latvia, Turkey, Poland, Italy, Japan, and Hong Kong. The police have reason to believe that the women were lured into Britain with promises of employment as nannies and waitresses, but instead were trafficked into the sex industry. The women’s documents, such as passports, were likely confiscated to make it more difficult for the women to escape. The women were locked at a house by day and brought to Cuddles at night. Cuddles was secured with an electric fence behind the building and some boarded windows. The police found a sawn-off shotgun and batons on the premises.
As of October 1, twelve of the women were expected to be released, while seven were being held pending checks of their immigration status. There is concern over what happens to victims of trafficking after they are released. One suggestion is to offer training to the women so that they will be able to find employment to support themselves and their families. Otherwise it is possible that the women will once again fall victim to human trafficking. Another concern is whether the victims will be welcomed into their community if their past is known.
While Amnesty International commends the raids, it insists that the United Kingdom must do more to counteract trafficking. Amnesty encourages the United Kingdom to sign up for a new European convention on action against human trafficking. The convention allows for the provision of emergency housing, medical care, and temporary residence permits for victims within the country they have been trafficked into. The government, however, is resisting signing on because of concerns that the services will be abused and that people without a legitimate right to remain in England will do so.
Compiled From:
19 Women Rescued from Brothel, BBC News, 30 September 2005.
Police Free Sex Trade Women in Raid on Massage Parlour, The Guardian , 1 October 2005.
19 Sex Slaves Rescued in Raid on Massage Parlour, The Times, 1 October 2005.
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What's It Take for Awareness of Domestic Strangulation Issues?
MARNA ANDERSON
The article on Minnesota's new felony strangulation law (Aug. 23) addresses the importance of training police officers and medical personnel to recognize the injuries associated with strangulation. It also emphasizes the need to raise public awareness on the lethality and frequency of strangulation in domestic violence. A recent case in Hennepin County illustrates this.
In early December 2004, Minneapolis police responded to a 911 domestic abuse call. When they arrived, they found a woman in tears sitting on the floor, looking dazed. She was talking so softly it was difficult to hear her. According to the complaint, several children were present, and they told the officers that their stepfather had been arguing with their mother and had grabbed her neck from behind and strangled her. Two of the children said that they had tried to "awake" her after she lost consciousness. Their stepfather had fled the home.
At a civil hearing petitioning for an order for protection, the victim described the assault: "He grabbed me from behind, not with his hands, with his forearm, and choked me, until I had no air in my body at all. I couldn't breathe, period. I wasn't gasping for air because I couldn't get any air. All I remember is me scratching his arm to get it off my neck. And I passed out."
The victim was taken to the hospital, where medical staff observed, documented and photographed a red mark along the side of her neck consistent with being strangled.
The Hennepin County attorney's office reviewed the police report and charged the defendant with felony third-degree assault for inflicting "substantial bodily harm." He was also charged with interference with a 911 call and endangerment of a child, both gross misdemeanors.
To prove her case to the jury, the prosecutor played the recording of the 911 call made by the victim's 12-year-old daughter telling the operator that her mother was not speaking. She revealed that the girl was hiding in the basement closet while making the call. The prosecutor had the doctor who had seen the victim when she was brought to the hospital testify. He said her injuries were consistent with strangulation.
And the prosecutor had the three children, ages 12, 13 and 14, who were in the home when the assault occurred take the stand. One witnessed the assault. Another saw the victim, her aunt, laying on the floor unconscious. When one of the children asked the defendant what had happened, he responded, "Your mother hit me, so I choked her." It seemed like an open and shut case: Eyewitnesses, medical records, 911 call recording.
The jury found the defendant not guilty despite the evidence and aggressive prosecution.
WATCH, a court monitoring organization, had monitors in the courtroom throughout the trial. The day the defendant took the stand, WATCH had a monitor present. Afterwards he said that though he believed the victim, he had a hard time believing that the defendant was capable of the crime. The defendant looked like a good family man. He talked about taking in the victim's children and caring for them. He talked about how hard he works. And he cried about how badly he felt about "what happened."
I can only speculate as to why the jurors did not believe the defendant was guilty. But more than likely it came down to this: The defendant appeared to fulfill the traditional role of family provider and an all-around good guy who was defending himself after being struck by a woman, an action that contradicts the woman's traditional role of nurturer and care giver.
Even though extensive research repeatedly shows that batterers function normally in social settings and within their work environments, this information is not well-known by the general public or if known, not believed.
Minnesota's felony strangulation law provides one more tool for law enforcement and the justice system to intervene in potentially fatal assaults.
But in addition to training police officers and medical personnel, we need to challenge our own beliefs about who is and who is not a batterer. And we need to educate the public on the power dynamics that exist in domestic abuse.
Anderson is executive director of WATCH
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Silent Witnesses Bring Awareness of Domestic Violence
[25-11-2005] By Daniela Lazarova
In the course of the last year ten Czech women have been killed in their homes by violent husbands or partners. Hundreds of others suffer psychological and physical abuse on a daily basis - often before the eyes of their children who are powerless to help. Now a new exhibition entitled "Silent Witnesses" is aiming to jolt society and Parliament into awareness of a growing problem.
Silent Witnesses are red paper silhouettes of women who were killed by their husbands. They stand in a semi-circle and each bears a name, age and how they were killed. Red candles flicker in the wind and behind the silent witnesses stand members of the non-governmental association Rosa in a silent vigil.
First launched in Minnesota in 1990, the Silent Witnesses campaign is a way of letting the public know what goes on behind many closed doors - and that physical abuse sometimes ends in death. Brona Vargova of Rosa says that the Czech Republic badly needs a law that would give abused women space and time to consider their situation and get out of an abusive relationship.
"We still do not have the possibility to expel an abuser from his house for a certain period of time. During this time the victim should be offered assistance and advice as to how she can deal with the problem. And she would feel safe making her decision. The way things are now it is usually the victim who flees the house in the middle of the night with her children, while the perpetrator stays at home."
What ROSA would like to see is an amendment to the law that would give the police the right to order an abuser out of the family home for a certain period of time. Police in neighbouring states such as Austria and Slovakia make use of this possibility and experts in the field claim that ten days beyond the reach of her abuser is enough for a woman to consider her situation objectively, seek help and come to a decision that could save her life. Unfortunately, many Czech MPs are still wavering - fearful that a change of the law could be abused in messy divorce cases.
What keeps women in abusive relationships for years is not just the feeling that they have no place to go. It is a persistent belief that the violence is temporary and that their partner will change. On average it takes women an incredible ten to 15 years to recognize that they have a serious problem and need to get out of the relationship. By that time the abuse is so bad that many of them don't make it out alive. "It is not easy to press charges against someone who was your lover, who is the father of your children, with whom you spent some happy times. It is a very difficult situation, psychologically."
In addition to a telephone helpline Rosa operates three shelters for abused women in different parts of the Czech Republic. Brona Vargova says that many more are needed. She claims the difference between the Czech Republic and other European states is not in the extent of abuse women suffer but rather in the safety network provided for them. Also, there is a need to increase awareness of the fact that psychological abuse is also a serious problem and one that usually leads to physical abuse at a later stage.
"The media is usually only interested in murders, brutal beatings and violence. But there are other forms of abuse. For instance psychological abuse is very traumatic for the victim and sometimes these women come to us and say -we are probably not victims of abuse because we don't have broken legs and arms and bruises to show for it. I think we need to make people realize there are all kinds of abuse and they are fully entitled to seek help."
ROSA's helpline in the Czech Republic is: 602 246 102
Source: Czech Radio 7, Radio Prague
URL: http://www.radio.cz/en/article/73066
© Copyright 1996, 2005 Radio Prague
All rights reserved.
Contents of the www pages at www.radio.cz is © 1996 - 2005 Radio Prague, Czech Radio 7
_____________________________________________________________________
OSCE Centre to Hold Conference on Domestic Violence in Tajikistan
Press release
OSCE Centre to hold conference on domestic violence in Tajikistan
DUSHANBE, 24 November 2005
Ways of combating domestic violence will be the focus of a conference that opens tomorrow in the Tajik capital.
Organized by the OSCE Centre in Dushanbe, the two-day event will bring together over 150 participants representing governmental and non-governmental organizations (NGOs), independent experts and the media.
Participants are expected to lobby for the adoption of the draft law on social and legal protection of victims of domestic violence, drafted in 2003 by NGOs and independent experts, as well discuss ways to provide psychological help to victims of domestic violence, including through special educational and training programmes for psychologists and lawyers.
The conference is also expected to support legislative amendments to the Tajik Family, Civil, and Land Codes, which would help improve and guarantee women's property rights.
"Women's economic dependence is the root of domestic violence," said Ambassador Alain Couanon, Head of the OSCE Centre.
"In July, the OSCE Centre in Dushanbe opened the first-ever shelter for women-victims of domestic violence in Tajikistan. In addition, between 2004 and 2005, it opened 10 resource centres for women, which offer legal and psychological help, and training on gender equality and the prevention of domestic violence."
The conference was funded by the OSCE Centre in Dushanbe, the United Nations Development Fund for Women, the United Nations Children's Fund and the Act Central Asia.
It has been co-organized by the Tajik Government's Committee on Women and Family Issues, the Tajik Association of Psychologists, the Tajik Association of Young Lawyers, the NGO Gender Equality and the Prevention of Violence against Women, and other associations.
Source link: OSCE Centre in Dushanbe
Contacts
Eugenia Benigni
Political and Media Officer
12, Zikrullo Khojaev Str.
734017 Dushanbe
Tajikistan
Tel: +992 918 677413 (mobile)
+992 372 24 58 79
+992 372 21 40 63
+992 372 24 33 38
Fax: +992 372 24 91 59
cid-tj@osce.org
eugenia.benigni@osce.org
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Czech Court Rules in Favor of Roma Woman in Seminal Case on Coercive Sterilization
A Czech regional court in Ostava held Vitkovice Hospital, an Ostavian hospital, liable for the coercive sterilization of Helena Ferencikova, a Roma woman. This case is significant because it is the first recognition by a court that the practice of coercive sterilization of a Roma woman took place. The case is also important because it recognizes that a signature on a consent form for sterilization may not reflect a woman’s informed approval for the procedure.
Ferencikova was nineteen years old when she was sterilized. She was in labor with her second son when the hospital staff gave her a form to sign. She says that she did not understand what she was signing and was kept from seeking the advice of her husband. The form gave written consent to sterilization. The hospital claimed that it had Ferencikova’s health in mind when recommending the procedure. They reasoned that Ferencikova had undergone two caesarean sections and another posed a risk to her health. The Court found that the agreement on which the hospital relied was unqualified.
Ferencikova’s case is not unique. The Czech Public Defender of Rights is currently representing nearly seventy women, who like Ferencikova, insist that they did not provide informed consent to sterilization. Many similar suits are anticipated to follow this one.
The Court did not award damages. Instead, it ordered the hospital to address the complaint and apologize to Ferencikova. The hospital intends to appeal the decision.
Compiled from:
Brian Kennety, Check Court Rules in First-ever Case Heard on “Coercive Sterilization”, Radio Praha, November 11, 2005.
Sorry for Sterilization!, Dzeno Association, November 14, 2005.
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Investigation into Forced Sterilization of Roma Women in Slovakia
An investigation has been conducted regarding the forced sterilization of Roma women in Slovakia in response to allegations that Slovakian Roma women were sterilized against their will. Body and Soul, a 2003 report, enumerated more than one hundred and ten stories of sterilized Roma women.
Jozef Centes, deputy director of the criminal department of the General Prosecutor’s office, stated that in August the Office received a report from the United Nations stating that the claim of forced sterilization will not be investigated. Based on this United Nations decision, Centes concluded that illegal sterilization of Roma women has not been taking place.
Human rights activists, however, have drawn attention to the loopholes of the argument that forced sterilizations did not take place. While Centes states that each sterilized woman did sign a consent form permitting the procedure, human rights activist have noted that these signatures may have been attained under extreme circumstances without the patients understanding what they were signing.
The issue has been taken to the European Union human rights court. There are also many civil court cases regarding this matter that have not yet been resolved. However, the United Nations decision not to investigate the case seems to have provided relief to Slovakia.
Compiled from:
"Slovakia Investigates Allegations that Romany Women Were Sterilized Without Consent," Insight Central Europe, 21 October 2005.
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Moldova Seeks to Curb Human Trafficking
Moldova's parliament passed a series of legislative measures on 22 December designed to reduce human trafficking, Moldpres reported the same day. The amendments grant Moldovan authorities the right to deny entry into the country to individuals with suspected involvement in human trafficking.
Lawmakers also passed changes to the country's administrative code stipulating that victims of trafficking will not be prosecuted for prostitution and will not be punished for entering or staying in the country illegally.
Cited from: Moldova Seeks to Curb Human Trafficking, Radio Free Europe/Radio Liberty, 27 December 2005.
Copyright (c) 2005. RFE/RL, Inc. Reprinted with the permission of Radio Free Europe/Radio Liberty, 1201 Connecticut Ave., N.W. Washington DC 20036. www.rferl.org.
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OSCE Centre Supports Discussion on Gender Issues in Kyrgyz Legislation
BISHKEK, 6 December 2005 - Gender perspective in the country's legislative acts was discussed at today's meeting on amendments to the law on political parties, organized by the OSCE Centre in Bishkek together with the Committee of Social Policy of the Kyrgyz Jogorky Kenesh (Parliament).
"The ongoing discussion on constitutional amendments and today's meeting on gender amendments give an excellent opportunity for serious positive changes," said Markus Muller, Head of the OSCE Centre.
Kyrgyz officials, parliamentarians and representatives of civil society discussed gender related questions and advised on ways of bringing the gender perspective into the law. They also suggested the gender aspect should be reflected in the Constitution.
Participants agreed to form a working group to complete the proposed amendments to the law on political parties, taking into account comments and recommendations expressed at the meeting.
The OSCE Centre is committed to further promoting gender issues in the legislative sphere.Contact:
Marina Dmitrieva
Media/Public Information Officer
139 St. Toktogula
720001 Bishkek
Kyrgyzstan
Tel: +996 312 66 50 15
+996 312 66 51 97
Fax: +996 312 66 31 69
marina.dmitrieva@osce.org
Cited from: OSCE Centre supports discussion on gender issues in Kyrgyz legislation, Press Release, Organization for Security and Cooperation in Europe, 6 December 2005.
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Silent Witnesses Bring Awareness of Domestic Violence
[25-11-2005] By Daniela Lazarova
In the course of the last year ten Czech women have been killed in their homes by violent husbands or partners. Hundreds of others suffer psychological and physical abuse on a daily basis - often before the eyes of their children who are powerless to help. Now a new exhibition entitled "Silent Witnesses" is aiming to jolt society and Parliament into awareness of a growing problem.
Silent Witnesses are red paper silhouettes of women who were killed by their husbands. They stand in a semi-circle and each bears a name, age and how they were killed. Red candles flicker in the wind and behind the silent witnesses stand members of the non-governmental association Rosa in a silent vigil.
First launched in Minnesota in 1990, the Silent Witnesses campaign is a way of letting the public know what goes on behind many closed doors - and that physical abuse sometimes ends in death. Brona Vargova of Rosa says that the Czech Republic badly needs a law that would give abused women space and time to consider their situation and get out of an abusive relationship.
"We still do not have the possibility to expel an abuser from his house for a certain period of time. During this time the victim should be offered assistance and advice as to how she can deal with the problem. And she would feel safe making her decision. The way things are now it is usually the victim who flees the house in the middle of the night with her children, while the perpetrator stays at home."
What ROSA would like to see is an amendment to the law that would give the police the right to order an abuser out of the family home for a certain period of time. Police in neighbouring states such as Austria and Slovakia make use of this possibility and experts in the field claim that ten days beyond the reach of her abuser is enough for a woman to consider her situation objectively, seek help and come to a decision that could save her life. Unfortunately, many Czech MPs are still wavering - fearful that a change of the law could be abused in messy divorce cases.
What keeps women in abusive relationships for years is not just the feeling that they have no place to go. It is a persistent belief that the violence is temporary and that their partner will change. On average it takes women an incredible ten to 15 years to recognize that they have a serious problem and need to get out of the relationship. By that time the abuse is so bad that many of them don't make it out alive. "It is not easy to press charges against someone who was your lover, who is the father of your children, with whom you spent some happy times. It is a very difficult situation, psychologically."
In addition to a telephone helpline Rosa operates three shelters for abused women in different parts of the Czech Republic. Brona Vargova says that many more are needed. She claims the difference between the Czech Republic and other European states is not in the extent of abuse women suffer but rather in the safety network provided for them. Also, there is a need to increase awareness of the fact that psychological abuse is also a serious problem and one that usually leads to physical abuse at a later stage.
"The media is usually only interested in murders, brutal beatings and violence. But there are other forms of abuse. For instance psychological abuse is very traumatic for the victim and sometimes these women come to us and say -we are probably not victims of abuse because we don't have broken legs and arms and bruises to show for it. I think we need to make people realize there are all kinds of abuse and they are fully entitled to seek help."
ROSA's helpline in the Czech Republic is: 602 246 102
Source: Czech Radio 7, Radio Prague
URL: http://www.radio.cz/en/article/73066
© Copyright 1996, 2005 Radio Prague
All rights reserved.
Contents of the www pages at www.radio.cz is © 1996 - 2005 Radio Prague, Czech Radio 7
_____________________________________________________________________